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Page 1 of 18 of By-law No. 062-2022
THE CORPORATION OF THE TOWN OF MILTON
BY-LAW NO. 062-2022
BEING A BY-LAW TO LICENSE SHORT TERM RENTALS AND TO REGULATE ALL
RELATED ACTIVITY
WHEREAS Subsection 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
("Municipal Act, 2001") provides that the powers of a municipality shall be interpreted
broadly so as to confer broad authority on municipalities to enable them to govern
their affairs as they consider appropriate, and to enhance their ability to respond to
municipal issues
AND WHEREAS Section 11(2) of the Municipal Act, 2001, as amended, permits a
lower-tier municipality to pass by-laws respecting matters, such as the health, safety
and well-being of persons and the protection of persons and property;
AND WHEREAS Section 128 of the Municipal Act, 2001, as amended, permits a
municipality to pass by-laws prohibiting and regulating with respect to public
nuisances, including matters that, in the opinion of Council, are or could become or
cause public nuisances;
AND WHEREAS Section 129 of the Municipal Act, 2001, as amended permits a
municipality to pass by-laws prohibiting and regulating with respect to noise, vibration,
odour, dust and outdoor illumination;
AND WHEREAS pursuant to the provisions of Part IV - Licences of the Municipal Act,
2001, a municipality may pass by-laws for licensing, regulating and governing any
business wholly or partly carried on within a municipality even if the business is being
carried on from a location outside the municipality;
AND WHEREAS Subsection 151(1) of the Municipal Act, 2001, provides that a
municipality may establish a system of Licences with respect to a business and may
prohibit the carrying on or engaging in the business without a licence, refuse, revoke
or suspend a licence, impose conditions on a licence, and license, regulate or govern
real and personal property used for the business and the persons carrying it on or
engaged in it;
AND WHEREAS Subsection 391(1) of the Municipal Act, 2001, provides that a
municipality may impose fees and charges on persons for services or activities
provided or done by or on behalf of it;
AND WHEREAS Section 425 of the Municipal Act, 2001, authorizes a municipality to
create offences;
Page 2 of 18 of By-law No. 062-2022
AND WHEREAS Section 426 of the Municipal Act, 2001, provides that no person shall
hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a
power or performing a duty under this Act or under a by-law passed under the Act;
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;
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;
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;
AND WHEREAS The Council of the Corporation of the Town of Milton considers it
desirable and necessary to license, regulate and govern the short term rentals listed
within this by-law.
NOW THEREFORE the Council of The Corporation of the Town of Milton hereby
enacts as follows:
1 SHORT TITLE
This By-law may be cited as the "Short Term Rental By-law".
2 SCOPE AND INTERPRETATION
Where the provisions of this By-law conflict with the provision of any other By-law
in force in the Town, the provision that establishes the higher standard to protect
the health, safety and welfare of the general public shall prevail.
In the interpretation and application of the provisions of this By-law, unless
otherwise stated to the contrary, the provisions shall be held to be the minimum
requirements adopted for the promotion of public health, safety, comfort,
convenience and general welfare.
3 DEFINITIONS
For the purposes of this By-law the following terms are defined and referenced in
italics within:
"Appeal Committee" means the Town's Administration & Planning Committee or
delegate. In the case of a delegate; delegation shall be by Council and may be a
person;
"Applicant" means any person applying for a Licence under this By-law;
Page 3 of 18 of By-law No. 062-2022
"Advertise," "Advertisement" or "Advertising" includes any description, notice,
depiction (including photographs and videos) in a public medium in order to
promote rental, sales, attendance or to increase attention or awareness. For
clarity, public media, includes traditional media such as newspapers and
television, web based media, social media and dedicated short-term rental
platforms such as Airbnb, VRBO, Homeaway, and Flipkey;
"Bedroom" means a room in a dwelling furnished with a bed and intended primarily
for sleeping;
"Criminal Records Check" means a Criminal Records Check performed by the
Halton Regional Police Service, or the Police Service in the jurisdiction of the
Applicant's residence and dated within six (6) months of the date of application for
the business Licence;
"Community Standards By-Law" means the Town Community Standards By-Law
042-2020 as amended and any successor by-law thereto;
"Dwelling Unit" means a room or rooms in which a kitchen, living quarters and
sanitary conveniences are provided for the exclusive use of the residents and with
a private entrance from outside the building or from a common hallway or stairway
inside;
"Guest" includes any natural person staying, residing or sleeping within a short-
term rental;
"Licence" means an authorization under this By-law to carry on a business
specified herein and the document, certificate, plate or card issued which provides
evidence of such authority as the context may allow;
"Licensee" means any person Licensed under this By-law;
"Licensing Officer" means the person or persons appointed as such by Council;
"Municipal Law Enforcement Officer" means a Municipal Law Enforcement Officer
as appointed by the Council of the Town of Milton;
"Nuisance" means excess or unlawful use of one's property to the extent of
unreasonable annoyance or inconvenience to a neighbour or to the public,
including, but not limited to noise, noxious odours, and traffic;
"Officer" means a Provincial Offences Officer or Municipal Law Enforcement
Officer of the Town, or any other person appointed by or under the authority of a
Town By-law to enforce this By-law;
"Operate" means to rent out, provide, offer to rent out or to provide, or facilitate
the offer for rent, whether directly or indirectly, of a Short Term Rental;
Page 4 of 18 of By-law No. 062-2022
"Order" means an order issued under this By-law;
"Owner" means any person who is the registered or beneficial Owner of a property
or who leases, rents, occupies, maintains, manages, receives rent from or
otherwise controls a property;
"Person" includes a natural person and a company, corporation, cooperative,
partnership, firm, sole proprietorship, trust, association, society, organization or
other legal entity;
"Principal Residence" means a dwelling unit owned or rented by an individual
person, either alone or jointly with others, where the individual person is ordinarily
resident of the dwelling unit;
"Property" includes all land, buildings and structures within the legal boundary
lines of a property, including without limitation, yards, parts of a building or
structure, mobile homes, mobile buildings, mobile structures, outbuildings, fences
and erections thereon whether heretofore or hereafter erected and includes
vacant property, real property and chattel;
"Rental Code of Conduct" means a document that sets out the roles and
responsibilities of the renter, including behavioral expectations as they relate to
non-disturbance; which provides a warning related to the making of a disturbance;
and which identifies applicable Town by-laws that the renter must comply with
including the provisions of this by-law as they relate to, amongst other things,
noise, property standards and parking management;
"Rental Period" means the span of consecutive days for which a Short Term
Rental has been rented;
"Short Term Rental" means the rental of a dwelling unit or part thereof offering
short term lodging for compensation for 28 days or less that does not provide
meals or other commercial services;
"Town" means the Corporation of the Town of Milton;
"User Fees By-Law" means the applicable Town by-law setting the user fees in
respect of the short term rentals;
"Zoning By-law" means the applicable in force zoning by-law of the Town as
amended from time to time; and
4 PROHIBITION: OPERATING WITHOUT A LICENCE
No person shall operate, advertise, broker or permit the operation, advertising, or
brokering of a short term rental in the Town without a valid licence.
For greater clarity, the following are not considered a short term rental:
Page 5 of 18 of By-law No. 062-2022
(a) a bed and breakfast, hotel or motel as defined in the applicable Town
Zoning By-law; or
(b) the rental of a rental units to a tenant that is subject to the Residential
Tenancies Act, 206, S. O. 2006 C.17
5 APPLYING FOR A LICENCE
A person wishing to operate or permit the operation of a short term rental in the
Town shall apply for a new Licence or renewal of Licence by providing the
Licensing Officer with the following information and documents together with an
application fee in accordance with the Town's User Fees By-Law:
(a) a completed application in the form required by the Licensing Officer;
(b) the full legal name, telephone number, and email address of the
Applicant along with the address of the proposed short term rental;
(c) government issued identification or other documentation satisfactory to
the Licensing Officer and a signed declaration to demonstrate that the
short term rental is the Applicant's principal residence;
(d) a Criminal Record Check issued within the last sixty (60) days from the
date that the application is made;
(e) proof to the satisfaction of the Licensing Officer that the short term rental
complies with applicable law;
(f)
proof to the satisfaction of the Licensing Officer that the short term rental
is permitted under the applicable Town Zoning By-law, or a valid
development permit in the case of lands subject to development control
under the Niagara Escarpment Planning and Development Act, R.S.O.
1990, c. N.2, including where required a certificate of occupancy;
(g) proof to the satisfaction of the Licensing Officer that the number of
existing parking spaces that are permitted under the applicable Town
Zoning By-law, or a valid development permit in the case of lands
subject to development control under the Niagara Escarpment Planning
and Development Act, R.S.O. 1990, c. N.2 is sufficient to accommodate
the number of persons permitted to stay in the short term rental;
(h) a compliance letter issued by Milton Fire within the last sixty (60) days
from the date that the application is made;
(i)
an insurance certificate demonstrating commercial general liability
business insurance for the operations of the short term rental against
claims filed against the Applicant with respect to bodily injury, including
personal injury and death, and property damage with a per occurrence
limit of at least $2,000,000. The Town must be included as an additional
insured under this policy but only with respect to the operations of the
short term rental;
(j)
an indemnity in favor of the Town from and against claims, demands,
losses, costs, damages, actions, suits or proceedings that arise out of,
or are attributable to the short term rental, which shall be in a form
satisfactory to the Licensing Officer;
Page 6 of 18 of By-law No. 062-2022
(k) proof that all municipal taxes, water, hydro accounts, administrative
penalties and court imposed fines for the property must be current and
not in arrears and outstanding building permits issued must be closed
and final before a Licence will be issued;
(l)
a plan showing the total number of parking spaces available on Private
property, and the dimensions and setbacks of all spaces;
(m) a floor plan identifying each room, the room type (bedroom, kitchen,
living room etc.), the number of beds and all emergency exits;
(n) a copy of the renter's Code of Conduct; and
(o) an executed consent, allowing entry by Officers into the dwelling unit in
which the short term rental is located at any reasonable time for the
purpose of carrying out an inspections pursuant to this By-law;
(p) any other information or documents required by the Licensing Officer;
and
(q) if the Applicant is the owner of a condominium unit, proof satisfactory to
the Licensing Officer that short term rentals are permitted in the
condominium; and
(r)
if the Applicant is a tenant, signed authorization from the landlord to
permit the operation of a short term rental.
6 APPROVAL, REFUSAL, SUSPENSION AND REVOCATION
The Licensing Officer shall receive, process and review all applications for all new
Licences and renewals of Licences under this By-law, provided all the information
required in an application under Section 5 has been provided, all application fees
have been paid and there are no outstanding municipal taxes, water, hydro
accounts, administrative penalties or court imposed fines owed for the property
that is the subject of the application.
The Licensing Officer shall have the power and authority to:
(a) issue a new Licence;
(b) renew a Licence;
(c) deny the issuance or renewal of a Licence;
(d) revoke a Licence;
(e) suspend a Licence; and
(f)
impose terms or conditions on a Licence, including a new Licence or a
previously issued Licence.
Notwithstanding Section 6.2, no Licence shall be issued or renewed until the short
term rental to be licensed has been inspected by the Fire Chief and meets all
requirements of the Fire Code and the Town of Milton Fire Department.
Subject to Section 6.3 and 6.6, when an application for a new Licence or renewal
of a Licence is made in accordance with this By-law and the Applicant meets all
the requirements of this By-law, the Licensing Officer shall issue a Licence.
Page 7 of 18 of By-law No. 062-2022
The Licensing Officer shall issue only one Licence per person, as persons are
permitted only one principal residence pursuant to this By-law.
A Licensing Officer may refuse to issue, renew, revoke, or suspend a Licence
where there are reasonable grounds to believe that:
(a) the short term rental will not meet a requirement of this By-law;
(b) the short term rental is not the owner's principal residence;
(c) all or any part of the short term rental will involve the use of a yurt, tent,
trailer, or temporary structure;
(d) the short term rental is not permitted under the applicable Town Zoning
By-law, or a valid development permit in the case of lands subject to
development control under the Niagara Escarpment Planning and
Development Act, R.S.O. 1990, c. N.2;
(e) the Applicant or Licensee is under 18 years of age or is a corporate
entity, including but not limited to, a partnership or corporation;
(f)
the number of existing parking spaces that are permitted under the
applicable Town Zoning By-law, or a valid development permit in the
case of lands subject to development control under the Niagara
Escarpment Planning and Development Act, R.S.O. 1990, c. N.2 are
not sufficient to accommodate the number of persons permitted to stay
in the short term rental;
(g) an application or other document provided to the Licensing Officer, by
or on behalf of the Applicant, contains false or misleading information;
(h) the Applicant or Licensee has failed to pay any outstanding municipal
taxes, water, hydro accounts, administrative penalties or court imposed
fines;
(i)
the past or present conduct of the Applicant or Licensee, affords
reasonable grounds for the belief that the Applicant or Licensee will not
carry on the activity for which they are to be licensed or to continue to
be licensed in accordance with any applicable law or with integrity and
honesty;
(j)
the Criminal Record Check disclosed a criminal conviction of a type set
out in Schedule "A" to this By-law;
(k) the financial position of the Applicant or Licensee affords reasonable
grounds to believe that the Applicant or Licensee would not operate the
short term rental in a financially responsible manner;
(l)
there are reasonable grounds to believe that the building, premises or
place or part thereof in which the business is carried on or intended to
be carried on is dangerous or unsafe or in contravention of the Ontario
Building Code, the Fire Code or the Town's property Standards Bylaw;
(m) the Applicant or Licensee fails to maintain insurance as required by this
this By-law;
Page 8 of 18 of By-law No. 062-2022
(n) the Applicant or Licensee does not comply with any of the requirements
of:
(i)
this By-law or any other Town by-law or Region of Halton by-
law;
(ii)
any applicable federal or provincial laws or regulations;
(iii)
any applicable condominium laws including declarations and
by-laws; or
(o) the Licensing Officer determines it is in the public interest to do so, for
reasons of public health, safety, well-being of persons, the protection of
of persons and property, including consumer protection, Nuisance, or
noise.
Where the Licensing Officer is satisfied that the continuation of a business poses
an immediate danger to the health or safety of any person or to any property, the
municipality may, for the time and on such conditions as it considers appropriate,
without a hearing, suspend a Licence subject to the following:
(a) before suspending the Licence, the municipality shall provide the
Licensee with the reasons for the suspension, either orally or in writing,
and an opportunity to respond to them; and
(b) the suspension shall not exceed 14 days.
Except with respect to a decision under subsections 6.7, after a decision is made
by the Licensing Officer to refuse, revoke, or suspend a License, written notice of
that decision shall be given to the Applicant or Licensee advising the Applicant or
Licensee of the Licensing Officer's decision with respect to the application or
License.
The written notice to be given under subsection 6.7 shall:
(a) set out the grounds for the decision;
(b) give reasonable particulars of the grounds;
(c) be signed by the Licensing Officer; and
(d) state that the Applicant or Licensee is entitled to a hearing by the Appeal
Committee if the Applicant or Licensee sends a request for a hearing to
the Licensing Officer within fifteen (15) days after the notice is delivered,
and by paying the required fee pursuant to the Town's User Fee By-law,
as amended from time to time.
Where a Licence has been suspended, the suspension shall remain in force
until such time as the Licensee has satisfied the Licensing Officer as to the
Licensee's compliance with this By-law and Licence conditions, and that the public
interest no longer requires the suspension of such Licence.
Any Licence that has been under suspension for a period in excess of 120 days
is automatically revoked, without further notice of by the Licensing Officer.
Page 9 of 18 of By-law No. 062-2022
Where a Licence or Licence renewal has been refused, revoked or suspended,
the Licensee is not entitled to a refund of any fee paid under this By-law.
7 APPEAL TO THE APPEAL COMMITTEE
The decision of the Licensing Officer may be appealed by the Applicant to the
Appeal Committee by sending a request for an appeal hearing to the Licensing
Officer within fifteen (15) days after the notice set out in subsection 6.8 is
delivered, and by paying the required fee pursuant to the Town's User Fee By-
law, as amended from time to time. The request for a hearing shall contain the
following information:
(a) the name of the appellant;
(b) the decision being appealed from; and
(c) the detailed grounds of the appeal.
Where the Licensing Officer receives notice from the Applicant or Licensee in
accordance with subsection 7.1, the Licensing Officer shall refer the matter to the
Appeal Committee and give the Applicant or Licensee notice of the date and time
when the Applicant or Licensee will have the opportunity to be heard on the matter
by the Appeal Committee.
Where the Licensing Officer does not receive a request for an appeal hearing in
accordance with subsection 7.1, the decision of the Licensing Officer is final.
8 APPEAL COMMITTEE
An appeal to the Appeal Committee under subsection 7.1 is limited to the grounds
set out in the request for an appeal under subsection 7.1.
The appellant bears the onus of in an appeal.
The Appeal Committee shall have all the powers of a Licensing Officer under
subsection 6.2 of this By-law.
At least seven days in advance of the date set for the hearing of the Appeal, the
appellant and the Licensing Officer shall provide to the Appeal Committee and to
each other:
(a) a list and copies of any documents to be relied on; and
(b) a list of any witnesses to be called.
Where a matter has been referred to the Appeal Committee at the Applicant's or
Licensee's request, and the Applicant or Licensee does not attend the scheduled
meeting, the appeal shall be deemed abandoned and the decision of the Licensing
Officer shall be final.
Page 10 of 18 of By-law No. 062-2022
At any meeting conducted by the Appeal Committee under this By-law, the Appeal
Committee can hear not only from the Applicant or Licensee, but also from the
Licensing Officer, other Town staff, or any public authority.
Upon the conclusion of a meeting conducted by the Appeal Committee under this
By-law, the Appeal Committee shall as soon as reasonably practicable:
(a) make a written report briefly summarizing the evidence and arguments
presented by the parties;
(b) set out the findings made by the Appeal Committee; and
(c) set out the decision of the Appeal Committee as to whether to issue,
refuse of suspend the Licence and any conditions thereto.
The decision of the Appeal Committee shall be final.
9 LICENCE TERM, RENEWAL AND TRANSFER
Every Licence issued under this By-law shall expire within one (1) year of being
issued, unless otherwise revoked or suspended prior to that date.
Each Licensee shall be required to renew the said Licence prior to the expiry of
the original Licence issued under this By-law, and failing such renewal, the
Licensee must discontinue the operation of his or her business upon the expiry of
the Licence.
Every Licence is valid only in respect of the person who was issued the Licence.
No person may assign, modify, sell, or transfer, any Licence issued under this By-
law.
No person may operate a short term rental under a Licence issued to another
person.
When a Licensee changes their address or any information relating to the Licence,
they shall notify the Licensing Officer within five (5) days of the change and shall
return the Licence immediately to the Licensing Officer for review.
A person wishing to renew a Licence shall comply with the application
requirements in section 5.
10 LICENCE CONDITIONS
Every Licensee shall provide guests with the following:
(a) a copy of the current Licence;
(b) an emergency contact name, telephone number and email;
(c) a copy of the Town's Noise By-law;
(d) a copy of the Town's Community Standards By-law as amended;
(e) instructions for lawful parking on the property;
Page 11 of 18 of By-law No. 062-2022
(f)
a copy of the approved floor plan identifying rooms and emergency
exits;
(g) a copy of the Rental Code of Conduct; and
(h) post an evacuation plan by all entrances and exits.
No Licensee shall:
(a) rent out a short term rental for more than 180 days in a calendar year;
(b) book or reserve separate guests in a short term rental for the same
days, whereby two (2) or more unrelated or unassociated persons are
accommodated in the same dwelling unit at the same time;
(c) permit guests to sleep in a tent, yurt, trailer, temporary structure or
anywhere not shown in the floor plan submitted under section 5;
(d) contravene or fail to comply with a term or condition of their Licence
imposed under this By-law;
(e) operate or advertise a short term rental while their Licence issued under
this By-law is under suspension or has expired;
(f)
use of the land, building or structure does not conform with all applicable
federal and provincial legislation, regulations and municipal by-laws; or
(g) make a false or intentionally misleading recitals of fact, statement, or
representation, orally or in any agreement, statutory declaration or
application form required by this By-law, to the Town, Licensing Officer
or public authority. The making of such a false or intentionally
misleading recital of fact, statement, or representation constitutes an
offence.
Every Licensee shall:
(a) comply with the provisions of this By-law, and any other applicable law,
and ensure such compliance for every person occupying a short term
rental;
(b) allow entry by Town Officers at any reasonable time into the dwelling
unit in which the short term rental is located;
(c) not cause, tolerate or permit a nuisance to arise in connection with the
place or premises for which the Licence was issued;
(d) not cause, tolerate or permit shouting, noise or disturbance on or in
connection with the place or premises for which a Licence was issued,
that is contrary to any by-law prohibiting the same, and if such shouting,
noise or other disturbance occurs, the Licensee shall at once take
immediate steps to cause it to be abated; and
(e) not cause, tolerate or permit any obstruction on any highway, sidewalk,
lane or public place in front of or adjoining the place or premises for
which a Licence was issued.
Every Licensee shall:
Page 12 of 18 of By-law No. 062-2022
(a) take down or remove an advertisement for a short term rental that is not
in compliance with this By-law within 24 hours of being requested to do
so by the Licensing Officer;
(b) be responsible for ensuring that guests park their vehicles in the areas
designated on the approved plan submitted under section 5 of this By-
law; and
(c) be responsible to ensure that their guests comply with all applicable
Town by-laws.
The Licensee shall ensure that the maximum number of occupants within a
short term rental shall not exceed a total number based upon two (2) persons per
bedroom plus an additional two (2) persons.
No signs regarding the short term rental shall be displayed on the exterior of the
short term rental or where visible to the public.
No short term rental shall be used for the hosting of any parties, weddings,
receptions, events, gatherings or any other similar activity.
No amplified or electronic sound may be used outside the dwelling unit of a
short term rental.
11 RECORDS RETENTION
Every Licensee shall maintain a record of each concluded transaction related to
their short term rental for at least three (3) years following the date of the
transaction. A transaction is concluded on the last day of the Rental Period. The
records retained shall include the following:
(a) the full legal name of every person who rented the short term rental, and
the number of days each person stayed;
(b) the number of nights the short term rental was rented in a calendar year;
(c) the nightly and total price charged for each rental;
(d) whether the rental was an entire-unit rental or partial-unit rental; and
(e) any other information required by the Licensing Officer.
Every Licensee shall provide the information referred to in subsection 11.1 of
this By-law to the Officer within thirty (30) days of being requested to do so by the
Officer.
12 ADDITIONAL CONDITIONS ON A LICENCE AND ADDITIONAL FEES
Notwithstanding any other provisions of this By-law, the Licensing Officer may
impose additional terms and conditions on any Licence at the time of issuance,
renewal or at any other time during the Licence period, including but not limited
to:
(a) where necessary to give effect to this By-law;
Page 13 of 18 of By-law No. 062-2022
(b) where the Licensee has failed to comply with any provision of this By-
law;
(c) where it is in the public interest to impose such conditions, including,
but not limited to, for reasons of public health, safety, well-being of
persons, the protection of persons and property, including consumer
protection, nuisance, or noise; and
(d) where the conduct of any person, including the Officers, directors,
employees or agents of a corporation, affords reasonable cause to
believe that the person will not carry on or engage in the business in
accordance with the law or with honesty and integrity.
The Licensing Officer may issue a conditional Licence or place conditions on a
Licence, if in the event of a criminal conviction of a type set out in Schedule "A" to
this By-law, the Applicant or Licensee produces documentation to the satisfaction
of the Licensing Officer proving that an application to the Parole Board of Canada
for a record suspension in accordance with the Criminal Records Act has been
made.
13
LICENCE PRODUCTION
Every person licensed under this By-law shall, when requested by a Licensing
Officer, Municipal Law Enforcement Officer, or any person acting under their
lawful authority, immediately produce their Licence, and other relevant documents
required under this By-law.
14
INSPECTIONS AND ORDERS
An Officer may at any reasonable time, enter upon and inspect the land of any
person to ensure that the provisions of this By-law are complied with, which may
in accordance with section 436(1) of the Municipal Act, 2001, S.O. 2001, c. 25 ,
For the purposes of conducting an inspection pursuant to this By-law, an Officer
may:
(a) require the production for inspection of documents or things relevant to
the inspection;
(b) inspect and remove documents or things relevant to the inspection for
the purpose of making copies or extracts;
(c) require information from any person concerning a matter related to the
inspection; and
(d) alone, or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
Any cost incurred by the Town in exercising its authority to inspect, including
but not limited to the cost of any examination, test, sample or photograph
Page 14 of 18 of By-law No. 062-2022
necessary for the purposes of the inspection, shall be paid by the owner of the
property where the inspection takes place.
No person shall prevent, hinder, or obstruct, or attempt to prevent, hinder or
obstruct, an Officer who is lawfully exercising a power or performing a duty under
this By-law.
Where an Officer has reason to believe that any provision of this By-law or any
condition of a License has been contravened, the Officer may issue an Order
requiring Owner, Licensee or such any other person who contravened this By-law
or who caused or permitted the contravention to discontinue the contravention or
to do work or take action to correct the contravention.
A Licensing Officer may suspend a License until such time as an Order under
subsection 14.4 is complied with.
An Order under subsection 14.5 shall include:
(a) the reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred; and
(b) the date by which there must be compliance with the Order and the work
to be done or the conduct to be discontinued by that date.
Every person shall comply with an Order made pursuant to subsection 14.5.
No person who has notice of an Order shall assist in any way in the violation of
the terms of an Order, regardless of whether said person is named in the Order.
Where the person or persons to whom an Order is issued fails to perform the
work or action required by the Order within the time stipulated in the Order, the
Town may without further notice perform such work or action as it deems
appropriate.
Where the Town undertakes work or any action or work pursuant to section
14.9, the person or persons shall be jointly and severally responsible for all costs
of the Town incurred in the exercise of the powers thereunder, including
administrative costs and interest. Such costs, as determined by the Town, shall
constitute a charge under the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
and may be added to the tax roll of property held by the Licensee, owner or other
person in the manner provided for therein.
An Order or any notice or other document under this By-law may be served by
any of the following means:
(a) Delivered personally;
(b) Posted on the property that is subject to the Order;
Page 15 of 18 of By-law No. 062-2022
(c) Emailed to the last known email address of the person to whom the
Order is directed;
(d) Deposited in the mailbox or mail slot of the person to whom the Order
is directed;
(e) Sent by prepaid regular mail to the last known address of the person to
whom the Order is directed; or
(f)
Sent by registered mail to the last known address of the person to whom
the Order is directed.
Where service is effected by:
(a) regular mail, it shall be deemed to be made on the fifth (5th) day after
the date of mailing;
(b) registered mail, it shall be deemed to be made on the second (2nd) day
after the date of mailing;
(c) any other means, it shall be deemed effective on the day the document
served was delivered, posted, emailed or deposited; or
(d) service by multiple means, it shall be deemed effective on earliest
applicable date set out in this section.
Where an Order is posted, no person may remove the Order without the written
authorization of the Town.
15 SEVERABILITY
If a court of competent jurisdiction declares any section or part of this By-law
invalid, the remainder of this By-law shall continue in force unless the court makes
an order to the contrary.
16
PENALTY
Each person who contravenes any provision of this By-law, an Order or a
condition of a License is guilty of an offence and is liable to a fine, and such other
penalties, as provided 15 for in the Provincial Offences Act, R.S.O. 1990, c. P.33,
as amended (the "Provincial Offences Act") and the Municipal Act, 2001, S.O.
2001, c. 25.
Where a contravention is committed on or continues for more than one day, the
person who commits the contravention is liable to be convicted for a separate
offence for each day on which it is committed or continued. For clarity, in the case
of an Order, a contravention continues for every day or part of a day past the date
set out in the Order by which the work must be complete, action taken or
discontinued, as the case may be.
In addition to section 16.2, any person who is charged with an offence under
this By-law by the laying of an information under Part III of the Provincial Offences
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Act and is found guilty of the offence is liable, pursuant to the Municipal Act, 2001,
would be subject to the following fines:
(a) A minimum fine shall not exceed $500 and a maximum fine shall not
exceed $100,000;
(b) in the case of a continuing offence, for each day or part of a day that the
offence continues, a minimum fine shall not exceed $500, and a
maximum fine shall not exceed $10,000, but the total of all daily fines
for the offence is not limited to $100,000; and
(c) in the case of a multiple offence, for each offence included in the
multiple offence the minimum fine shall be $500 and the maximum fine
shall be $10,000 and the total of all fines for each included offence is
not limited to $100,000.
17 EFFECT
This By-law shall come into force and effect on July 15, 2022.
PASSED IN OPEN COUNCIL ON JUNE 20, 2022.
________________________ Mayor
Gordon A. Krantz
________________________ Town Clerk
Meaghen Reid
Page 17 of 18 of By-law No. 062-2022
SCHEDULE "A"
CRIMINAL OFFENCES
Criminal Code Offences Description
Explosives
Using explosives; possession.
Terrorism
Providing or collecting property for certain
activities; providing or making available
property or services for terrorist purposes;
using or possessing property for terrorist
purposes; participation in activity of terrorist
group; facilitating terrorist activity; instructing
to carry out activity for terrorist group;
instructing to carry out terrorist activity.
Firearms and weapons
Using
firearms
(including
imitation)
in
commission of offence; careless use of
firearm; pointing a firearm; possession of
weapon for dangerous purposes; carrying
weapon while attending public meeting;
carrying concealed weapon; unauthorized
possession of firearm; possession of firearm
knowing its possession is unauthorized;
possession
at
unauthorized
place;
unauthorized possession in motor vehicle;
possession of prohibited or restricted firearm
with ammunition; possession of weapon
obtained by commission of offence; breaking
and entering to steal firearm; robbery to steal
firearm; weapons trafficking; possession for
purpose of weapons trafficking; transfer
without authority; making automatic firearm;
discharging firearm with intent; causing bodily
harm with intent -- air gun or pistol.
Sexual offences against
Minors
Sexual interference; invitation to sexual
touching;
sexual
exploitation;
sexual
exploitation of person with disability; incest;
making child pornography; parent or guardian
procuring
sexual
activity;
householder
permitting sexual activity; corrupting children;
luring a child; prostitution of person under
eighteen.
Sexual offences against persons other than
minors
Sexual exploitation of person with disability;
incest; indecent acts; sexual assault.
Criminal Negligence
Causing death by criminal negligence;
causing bodily harm by criminal negligence.
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Murder
Murder; manslaughter; infanticide; attempt to
commit murder; accessory to murder.
Operation of vehicles, vessels, or aircraft
Dangerous operation of motor vehicles,
vessels and aircraft; flight; causing death by
criminal negligence (street racing); causing
bodily harm by criminal negligence (street
racing); dangerous operation of motor vehicle
while street racing; failure to stop at scene of
accident; operation while impaired; operation
while disqualified.
Harassment and threats
Criminal
harassment;
uttering
threats;
intimidation.
Assault
Assault; assaulting a peace officer.
Confinement
Kidnapping; Trafficking in persons; Hostage
taking; Abduction of person under sixteen;
Abduction
of
person
under
fourteen;
Abduction in contravention of custody order;
Abduction.
Theft over, forgery and fraud
Theft over; destroying documents of title;
fraudulent concealment; theft and forgery of
credit card; theft from mail; forgery; uttering
forged document; drawing document without
authority; fraud; using mails to defraud; arson
for fraudulent purpose.
Robbery and extortion
Robbery; extortion.