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1
CITY OF NIAGARA FALLS
By-law No. 2025-033
A by-law to amend the City's Vacation Rental Unit and Bed and Breakfast Establishment
Licensing By-law No. 2021-57 to include Owner Occupied Short-Term Rentals.
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, as amended hereinafter
referred to as the "Municipal Act" provides that a municipality has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising the authority under
the Act;
AND WHEREAS Section 8 (3) of the Municipal Act, authorizes a municipality to provide
for a system of licences;
AND WHEREAS Section 9 of the Municipal Act, provides that Section 8 and Section 11
shall be interpreted broadly so as to confer broad authority on municipalities to:
(a)
enable municipalities to govern their affairs as they consider appropriate; and
(b)
enhance their ability to respond to municipal issues;
AND WHEREAS Section 11 (2), paragraph 6 of the Municipal Act, authorizes a
municipality to pass a by-law respecting the health, safety and well-being of persons;
AND WHEREAS Section 151 of the Municipal Act, provides that a municipality may provide
for a system of licences with respect to a business and may:
(a)
prohibit the carrying on or engaging in the business without a licence;
(b)
refuse to grant a licence or to revoke or suspend a licence;
(c)
impose conditions as a requirement of obtaining, continuing to hold or
renewing a licence;
(d)
impose special conditions on a business in a class that have not been imposed
on all the businesses in that class in order to obtain, continue to hold or renew
a licence;
(e)
impose conditions, including special conditions, as a requirement of continuing
to hold a licence at any time during the term of the licence; and
(f)
licence, regulate or govern real and personal property used for the business
and the persons carrying it on or engaged in it;
AND WHEREAS Section 23.1 of the Municipal Act, authorizes a municipality to delegate
its powers and duties;
AND WHEREAS the Council of the Corporation of the City of Niagara Falls enacted By-
law No. 2021-57 on May 11, 2021 to regulate and license Vacation Rental Units and Bed
and Breakfast Establishments within the City of Niagara Falls;
AND WHEREAS the Council of the Corporation of the City of Niagara Falls approved
Official Plan Amendment 180 and Zoning By-law No. 2025-032 on July 8th, 2025, to allow
for Owner Occupied Short-Term Rentals in residential areas;
2
AND WHEREAS the Council of the Corporation of the City of Niagara Falls deems it
necessary and expedient to amend By-law No. 2021-57 to include Owner Occupied Short-
Term Accommodations in the City of Niagara Falls;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1)
That Section 1. DEFINITIONS of By-law No. 2021-57 is amended by adding the
following definitions alphabetically:
i)
"Duplex Dwelling" means a building divided horizontally into two primary
dwelling units, each with an entrance to the exterior that is independent or
through a vestibule;
ii) "Lodging Unit" means a dwelling or dwelling unit provided for rent or hire,
which is designed to be used as sleeping accommodation for the travelling or
vacationing public;
iii) "Owner Occupied" means a Principal Residence occupied, on a full-time basis,
by the registered Owner of the property on which the Principal Residence is
located as recorded and maintained in the records of the Registry Office for the
Land Titles Division of Niagara South;
iv) "Owner Occupied Short-Term Accommodation" means an Owner Occupied
Short-Term Rental or a Bed and Breakfast but shall not include a Vacation Rental
Unit;
v) "Owner Occupied Short-Term Rental" means a home occupation in a dwelling
unit within or accessory to a Principal Residence that is rented out by the Owner
to a single group of the travelling public for a period of 28 consecutive days or
less and is licensed by the City of Niagara Falls to carry out a business;"
vi) "Semi-Detached Dwelling" means a building divided vertically into two primary
dwelling units, each with an independent entrance to an exterior. (from Zoning
Bylaw)
2)
That Section 1. DEFINITIONS of By-law No. 2021-57 is amended by deleting the
definition for "Bed and Breakfast Establishment" and replacing it as follows:
"Bed and Breakfast" means a home occupation that provides guest rooms
and breakfast to the travelling and vacationing public and is licensed by the
City of Niagara Falls to carry on business;
3)
That Section 1. DEFINITIONS of By-law No. 2021-57 is amended by deleting the
definitions for "Guest Room", "Home Occupation", "Licence", "Owner", "Principal
Residence" and "Vacation Rental Unit" and replacing them as follows:
"Guest Room" means a room or suite of rooms which is capable of being
rented separately to the travelling and vacationing public and does not have
any cooking facilities;
3
"Home Occupation" means any occupation, except the keeping of boarders
or roomers, which is carried on within a dwelling or dwelling unit in
compliance with the provisions of this Bylaw, and which is clearly incidental
and secondary to the use of such dwelling or dwelling unit as a private
residence, including but not limited to Owner Occupied Short-Term
Accommodations.
"Licence" means a City of Niagara Falls business licence issued pursuant to
the City's Licensing By-law;
"Owner" means the owner of a lot as recorded in the records of the Registry
Office for the Land Titles Division of Niagara South maintained in that Office
for that lot;
"Principal Residence" means an Owner's permanent place of residence,
pursuant to the Income Tax Act;
"Vacation Rental Unit" means the commercial use of a detached dwelling or
dwelling unit that is available for rent in its entirety for a period of 28
consecutive days or less, to provide temporary lodging to a single group of
the travelling and vacationing public and is licenced by the City of Niagara
Falls to carry out business;
4)
That Section 2. GENERAL AND PROHIBITIONS of By-law 2021-57 is amended as
follows:
i)
Subsection 2.2, is deleted and replaced as follows:
"This by-law may be referred to as the "Vacation Rental Unit and Owner
Occupied Short-Term Accommodation Licensing By-law".
ii)
Subsection 2.3 is deleted and replaced as follows:
"No Person shall own or operate or permit the operation of a Vacation
Rental Unit without a current valid licence."
iii)
Subsection 2.4 is deleted and replaced as follows:
"No Person shall own or operate or permit the operation of an Owner
Occupied Short-Term Accommodation without a current valid licence."
iv)
Subsection 2.5 is deleted and replaced as follows:
"No Person shall own or operate a Vacation Rental Unit or an Owner
Occupied Short-Term Accommodation other than in accordance with the
terms and conditions of a licence, the terms and conditions of this By-law."
v)
Subsection 2.7 is deleted and replaced as follows:
"No Person shall advertise, promote, broker, or offer for rent an Owner
4
5)
6)
7)
8)
9) That the City Clerk is authorized to effect any minor modifications, corrections or
omissions solely of an administrative, numerical, grammatical, semantical or
descriptive nature to this by-law after the passage of this by-law.
10) This By-law will become effective the day following the final day of appeal of Official
Plan Amendment No. 180 and Zoning By-law No. 2025-032, provided no appeals
are received.
Occupied
Short-Term Accommodation without a current valid licence."
vi)
Subsection 2.15
is
deleted and replaced as
follows:
"No Person licensed under this By-law shall, because of race, colour,
creed, gender or sexual orientation, discriminate against any member of the
public in the carrying on, conducting
or
operating
of
an Owner Occupied
Short-Term Accommodation
or
a
Vacation
Rental
Unit.
vii)
A
new subsection 2.16
is
added as follows:
"No Person renting an Owner Occupied
Short-Term Accommodation shall
sublet the accommodation to another person or party, meaning an Owner
Occupied Short Term Accommodation contract is non-transferable.
That Section 4
LICENCES of By-law No. 2021-57 is amended as follows:
i)
A new subsection 4.13 is added as follows:
"A licence for an Owner Occupied Short-Term Rental shall not be issued if the
subject
property
is
located
closer
than
150
metres
from
another
Owner Occupied
Short-Term
Rental.
For
the
purposes
of
this
section,
150
metres shall be measured from property line to property line."
That
Section
11
AUTOMATIC
INITIATION
OF
REVOCATION
AND
REFUSAL
TO
RENEW
of By-law No. 2021-57
is
amended as follows:
i)
Subsection 11.1
is deleted and replaced as follows:
"A
Licence
Issuer
shall
refuse
to
issue
or
revoke
an Owner Occupied Short-
Term Accommodation
licence
or a Vacation Rental Unit licence in accordance
with the
provisions of this By-law where the City has determined three (3) valid
violations have occurred or three (3) convictions have been registered and
occurred at the property within a one (1) year period."
That Schedule B to By-law 2021-57
is
repealed and that Schedule B attached
hereto shall be inserted in lieu thereof.
All other applicable provisions and regulations set out in By-law No.
2021-57
shall
remain the same and shall continue to apply, with the necessary changes in detail.
5
Read a First, Second and Third time; passed, signed and sealed in open Council
this 8th day of July, 2025.
.......................................................................
.....................................................................
MARGARET CORBETT, DEPUTY CLERK JAMES M. DIODATI, MAYOR
THE CORPORATION OF THE CITY OF NIAGARA FALLS
SCHEDULE B
TO BY-LAW 2021-57 as amended by BY-LAW 2025-033
1.
In addition to the licensing requirements set out in Section 3.1 of this By-law an Applicant
for an Owner Occupied Short-Term Accommodation Licence shall submit the following as
required below:
(a)
Confirmation from the Fire Chief dated within the previous sixty (60) days stating
the premises are in compliance with the Fire Protection and Prevention Act, and
the policies of the Niagara Falls Fire Department respecting an Owner Occupied
Short-Term Accommodation;
(b)
If the premises is on private water supply and/or sewage disposal, a certificate
from the Medical Officer of Health dated within sixty (60) days stating that the
premises has services adequate for the Owner Occupied Short-Term
Accommodation.
(c)
A certificate from the Medical Officer of Health dated within sixty (60) days stating
that the premises has been inspected and is in compliance with the Health
Protection and Promotion Act, R.S.O. 1990, c. H. 7, as amended, and its
regulations.
(d)
A site plan and floor plans outlining the portion of the premises to be used as an
Owner Occupied Short-Term Accommodation and demonstrating the premises:
i)
conforms with the City's Zoning By-law.
(e)
Certificate from the Electrical Safety Authority dated within the previous 2 years
stating the premises are in compliance with the Electrical Safety Code;
2.
In addition to the licensing requirements set out in Section 3.1 of this By-law the issuing of
an Owner Occupied Short-Term Accommodation Licence or renewal of an Owner Occupied
Short-Term Accommodation Licence is subject to the following:
(a)
Documentation that the owner uses the premises as its principal residence;
(b)
Proof of insurance by way of certificate of insurance showing a minimum limit of
two million dollars ($2,000,000) in commercial general liability for an Owner
Occupied Short-Term Accommodation for the term of the licence with an
endorsement that notice in writing at least thirty (30) days prior to cancellation,
expiration, or variation thereof will be given to the City by the insurance
underwriter.
3.
In addition to the licensing requirements set out in section 3 of this By-law the issuing of an
Owner Occupied Short-Term Accommodation Licence or renewal of an Owner Occupied
Short-Term Accommodation Licence is subject to the following:
(a)
Compliance with the:
i)
City's Zoning By-law;
ii)
Fire Protection and Prevention Act;
iii)
Building Code Act.
2
TERMS AND CONDITIONS
4.
A Licensee of an Owner Occupied Short-Term Accommodation shall:
(a)
be on site at the premises during the stay of a Renter;
(b)
display the licence in a conspicuous place on the licensed premises in close
proximity to the entrance of the premises and visible to the public at all times;
(c)
display the licence in a prominent place on the interior of the licensed premises;
(d)
display a statement of the fee to be charged for each guest room and the check-
out time in a prominent place on the interior of the licensed premises and in each
guest room;
(e)
post the Fire Safety Instructions that is plaqued or framed, that depicts the
location of each bedroom, smoke alarm, extinguisher, exit/egress doors or
windows on the premises to the satisfaction of the City.
(f)
be responsible for the operation of the premises, the conduct of the renter and
the occupants of the premises.
5.
Every person who owns or operates an Owner Occupied Short-Term Accommodation shall:
(a)
operate the premises in accordance with the City's:
i)
Property Standards By-law;
ii)
Zoning By-law;
iii)
Sign By-law;
iv)
Litter, Maintenance of Lands By-law;
v)
Noise By-law;
vi)
any other By-laws;
vii)
any Federal and Provincial legislation;
(b)
keep a register that keeps record of the following:
i)
name and home address of the Renter;
ii)
the date of entry;
iii)
the length of stay of a Renter;
(c)
maintain the records required by subsection (b) for a minimum of two (2) years;
(d)
include the current Licence Number on all:
i)
advertisement and promotional materials;
ii)
website;
iii)
contracts and agreements entered into with a Renter.