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CITY OF NIAGARA FALLS
By-law No. 2021 - 99
Being a by-law to amend By-law 2021-57, a By-law to regulate and license Vacation
Rental Units and Bed and Breakfast Establishments.
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 licenses;
AND WHEREAS the City of Niagara Falls has enacted a by-law to license Vacation
Rental Units and Bed and Breakfast Establishments;
AND WHEREAS it is desirable to amend the Licensing By-law No. 2021-57;
NOW THEREFORE the Council of the Corporation of the City of Niagara Falls enacts as
follows:
1.
By-law No. 2021-57, Section 1 Definitions is hereby amended by addition the
following:
"Platform" means any software, technology, or service, including a smartphone
application;
"Premises" means land, property or any part thereof including any and all
buildings or other structures thereon;
"Vacation Rental Unit Brokerage" means any person who facilitates or brokers
Vacation Rental Unit reservations for others, and who:
(a) receives payment, compensation, or financial benefit due to, as a result of, or
in connection with a person making or completing reservations of a vacation
rental unit;
(b) collects, assesses, or holds information on the number of nights that
reservations of a vacation rental unit are made or completed;
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2.
By-law No. 2021-57, Section 14. Enforcement and Penalty Provisions is hereby
amended by adding the following:
14.14 A court may, in the absence of evidence to the contrary, infer that a listing
on the platform of a vacation rental unit brokerage or a public
advertisement to the effect, and by any means, is proof that the premises is
being rented or offered for rent as a vacation rental unit. For greater
certainty, a witness need not possess special or expert knowledge for the
court to make any such inference.
Read a First, Second and Third time; passed, signed and sealed in open Council
this 14th day of September, 2021.
WILLIAM G. MATSON, CITY CLERK
JAMES M. DIODATI, MAYOR