Vacant Building Registry By-law 15-2024 (as amended by By-law 103-2025)
Oshawa, Ontario
· adopted 2024-01-29
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As amended by By-Law 103-2025
By-law 15-2024
of The Corporation of the City of Oshawa
Being a By-law to establish the permitting and regulation of vacant buildings and land within
the City Of Oshawa.
Whereas under the provisions of subsection 11(2) of the Municipal Act, 2001, S.O. 2002, c.
25 (the "Municipal Act, 2001"), by-laws may be passed by lower-tier municipalities respecting
services and things that the municipality is authorized to provide under subsection 11(1) of
the Municipal Act, 2001, including services and things considered necessary and desirable
for the public; and,
Whereas subsection 151(6) of the Municipal Act, 2001 allows a municipality to provide for a
system of licences, including permits, with respect to any activity, matter, or thing which may
be imposed under section 11 of the Municipal Act, 2001; and,
Whereas section 391 of the Municipal Act, 2001 authorizes municipalities to impose fees or
charges on persons for services or activities provided by the municipality; and,
Whereas the Council of the Corporation of The City of Oshawa ("City Council") deems that
vacant buildings are, or could become, a health and safety hazard or public nuisance; and,
(103-2025)
Whereas City Council deems it desirable to regulate vacant buildings through a permit
system.
(103-2025)
Therefore it is enacted as a by-law of The Corporation of the City of Oshawa as follows:
1.
Title
1.1
The short title of this By-law is the "Vacant Building Registry By-law". (103-2025)
2.
Definitions
2.1
In this By-law:
"Accessory" has the meaning as defined in the City of Oshawa Zoning By-law 60-94, as
amended;
"Agricultural Use" means a lands zoned for Agricultural Use under the City of Oshawa
Zoning By-law 60-94, as amended;
"Building" has the meaning as defined in the City of Oshawa Zoning By-law 60-94, as
amended;
"Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23, as amended
and any successor thereof, and includes any regulations passed under it;
"City" means the Corporation of the City of Oshawa;
"Director" means the City's Director of Municipal Law Enforcement and Licensing
Services, or their delegate;
"Fees and Charges By-law" means the City of Oshawa By-law 109-2024, as may be
amended from time to time or its successor legislation;
(103-2025)
"Greenspace" means lands zoned as an Open Space Zone under the City of Oshawa
Zoning By-law 60-94, as amended, without Buildings or structures;
(103-2025)
"Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2002, c. 25, as amended, or
any successor thereof, and includes any regulations passed under it;
"Officer" has the meaning as defined in the City of Oshawa Inspection By-law 64-2008, as
amended;
"Ontario Building Code" means Ontario Regulation 332/12: Building Code, made under
the Building Code Act, 1992, S.O. 1992, c.23, as amended, or any successor thereof;
"Order" means any Order issued by an Officer or Director respecting the contravention of
a by-law enacted by the City of Oshawa;
"Owner" includes:
a) the Person for the time being managing or receiving the rent of the Property, whether
on the Person's own account or as agent of the trustee of any other Person, or who
would so receive the rent if the Property was being leased and/or rented;
b) a lessee or Occupant of the Property who, under the terms of a lease, is required to
Repair and maintain the Property in accordance with the Standards;
c) the registered Owner of the Property; or
d) a mortgagee in possession of the Property.
"Permit" means a valid Permit issued by the City for a Vacant Property under this By-law;
"Permit Holder" means the Owner of a Property that is the subject of a Permit;
"Person" means an individual, association, firm, partnership, corporation, trust,
organization, trustee, or agent, and the heirs, executors or legal representatives of the
Person, or any combination thereof, to whom the context can apply according to law;
"Principal Residence" means:
a) the residential unit that is owned or rented by a Person, alone or with others, where
the Person is ordinarily resident and makes their home and conducts their daily affairs,
including, without limitation, paying bills and receiving documentation related
identification, taxation and insurance purposes, driver's licences, income tax returns,
medical plan documentation, vehicle registration and voter registration, or similar
information; and,
b) where the Person has no other Property designated as such within the City of Oshawa
or any other jurisdiction;
"Property" means a Building or part of a Building, and includes the lands and premises
appurtenant thereto, and all mobile homes, mobile buildings, and outbuildings thereon,
whether heretofore or hereafter erected, and includes abandoned Property.
(103-2025)
Intentionally deleted
(103-2025)
"Vacant Building" means an entire Building that is or appears to be vacant, partially
vacant, or unoccupied, or that, by reason of its unfinished or dilapidated condition appears
to be in a state such that there is little or no control over unauthorized entry;
Intentionally deleted
(103-2025)
"Vacant Property" means lands which include a Vacant Building;
(103-2025)
3.
General
3.1
No Owner of a Vacant Property shall fail to obtain a Permit under this By-
law:
a)
Within 30 days of the Property becoming vacant; or
b)
when Ordered to obtain a Permit by the Director.
3.2
A Building shall be presumed to be vacant for thirty (30) days if, based on
visual inspections of the exterior over that period:
a)
it appears to be vacant, partially vacant, or unoccupied; or
b)
by reason of its unfinished or dilapidated condition appears to be in a
state such that there is little or no control over unauthorized entry.
3.3
Notwithstanding subsection 3.2, any Owner may rebut the presumption
of vacancy by presenting evidence that the Building is in use, on a
balance of probabilities and to the satisfaction of the Officer or Director.
(103-2025)
3.4
No Owner of a Vacant Property shall fail to hold a Permit under this By-
law for the period of vacancy.
3.5
For the purposes of subsection 3.4, the period of vacancy shall
commence on the day the Property becomes vacant and shall end:
a)
on the date of issuance of an occupancy permit issued under the
Ontario Building Code; or
b)
on the date determined by the Director, based on evidence that the
Building is in use.
(103-2025)
3.6
The Permit Holder shall notify the Director in writing when the Property
has been occupied and provide evidence satisfactory to the Director that
the conditions of subsection 3.5 have been met.
3.7
The Permit Holder shall notify the Director in writing if the Property is
sold.
3.8
A Permit issued under this By-law is valid only for the Person, time
period, and municipal address that is indicated on the Permit.
3.9
Every Permit Holder shall comply with this By-law and with any
conditions specified in the Permit.
4.
Exemptions
4.1
The following Properties are exempt from this By-law:
a)
A Property that is the Principal Residence of the Owner or a lawful
occupant, to the satisfaction of the Director;
b)
A Property zoned for Agricultural Use;
c)
Greenspace;
d)
Lands located on a plan of subdivision that are reserved as future
school sites or park locations;
e)
Property owned, managed or leased by the City; or
f)
Property where an application for a registered plan of subdivision has
been approved by the City.
4.2
Owners of Vacant Properties are temporarily exempt from the
requirements of this By-law under the following conditions:
a)
When a Building has become vacant due to the Owner being in care
in a hospital, hospice, long-term care facility, assisted living
residence, or home for special care, and such Building was the
Principal Residence of the Owner immediately prior to being in care,
for a maximum of one (1) year following the commencement of
vacancy; or
b)
When a Building has become vacant due to the death of the Owner,
the Owner's authorized representative shall be exempt for a
maximum period of one (1) year following the commencement of
vacancy.
(103-2025)
4.3
The Director may grant an exemption to an Owner where the Director is
satisfied that the granting of the exemption would maintain the general
intent and purpose of this By-law.
4.4
The Director may impose such conditions as the Director determines are
appropriate in relation to an exemption granted by the Director pursuant
to subsection 4.3.
4.5
A decision of the Director respecting an exemption pursuant to
subsection 4.3 including any condition imposed pursuant to subsection
4.4 is final.
5.
Application
5.1
An application for a Permit shall provide the Director with the following:
a)
A completed application, in a form satisfactory to the Director,
including such information and documents as the Director may
require for purposes of this By-law; and
b)
Payment in full of all applicable fees specified in the Fees and
Charges By-law.
(103-2025)
5.2
The Director is authorized to receive and consider applications for
Permits, to conduct all investigations necessary to ensure that a Permit
is issued in accordance with this By-law, and to issue a Permit in
accordance with this By-law.
5.3
The Director may refuse to issue a Permit if the application requirements
in subsection 5.1 have not been met.
5.4
The Director may refuse to issue a Permit to any Person or Owner who
has a record of any unpaid fees or penalties with the City of Oshawa
including unpaid fines for convictions under the Provincial Offences Act,
R.S.O. 1990, c. P.33.
6.
Conditions
6.1
The Director is authorized at any time to impose conditions on a Permit,
including but not limited to conditions related to the health, safety and
well-being of persons, the protection of persons or property, and the
control of noise or other nuisances.
6.2
A condition imposed under subsection 6.1 shall be indicated in writing to
the Permit Holder on the Permit. Notwithstanding the foregoing, a letter
from the Director advising the Permit Holder of conditions on the
Property shall form part of the Permit as if the conditions were listed on
the Permit itself.
7.
Issuance
7.1
A Permit issued under this By-law shall be in a form satisfactory to the
Director.
7.2
A Permit issued under this By-law is valid for a period not exceeding one
(1) year from the date of issuance.
8.
Revocation
8.1
In addition to any other penalty under this By-law, the Director may at
any time revoke without notice a Permit under this By-law if:
a)
the Permit was issued or renewed due to a technical or clerical error;
or
b)
the Permit Holder provided incorrect, false, or misleading information
to the Director.
8.2
In the case of a revocation pursuant to subsection 8.1, the Director shall
immediately provide notice in writing of the revocation with reasons to
the Permit Holder at the address provided in the Permit application.
9.
Renewal and Replacement
9.1
A Permit Holder may renew a Permit prior to the expiry date by applying
in the same manner as if it was an original application made under this
By-law.
9.2
A Permit Holder may receive a replacement copy of their Permit by
submitting a written request to the Director and paying the fee prescribed
in the Fees and Charges By-law.
(103-2025)
10.
General Requirements
10.1
No Person shall give or furnish false, incorrect and misleading
information for the purposes of obtaining a Permit under this By-law.
10.2
No Person shall publish or cause to be published any representation that
they are the holder of a valid Permit if they do not hold a valid Permit
under this By-law.
10.3
No Permit Holder shall fail to notify the Director in writing of any change
in any of the information provided with or contained in an application for
a Permit within seven (7) days of the change.
10.4
No Permit Holder shall alter, erase or modify the Permit, or allow the
alteration, erasing or modification of the Permit.
10.5
Every Permit Holder shall be governed by this By-law and comply with all
other municipal by-laws and provincial and federal statutes and
regulations.
11.
Permit Holder Obligations
11.1
No Permit Holder shall fail to attend a Vacant Property at least once
every fourteen (14) days, or as otherwise directed by the Director, for the
purposes of identifying and remediating any violations of municipal by-
laws on the Property.
11.2
No Permit Holder shall fail to maintain a log of activities required under
subsection 11.1, including the date the Property was visited and any
remedial action undertaken.
11.3
No Permit Holder shall fail to produce the log required under subsections
11.1 and 11.2 to an Officer upon request.
11.4
No Permit Holder shall fail to maintain the municipal address of the
Property on the Vacant Property, in a manner that is viewable to the
public.
11.5
No Permit Holder shall fail to notify the Director of any existing conditions
on the Property which may pose a hazard to visitors, service or utility
providers, first responders, or any other Person on the Vacant Property.
11.6
No Permit Holder shall fail to provide the notice required under
subsection 11.5 to the Director within twenty-four (24) hours after the
Permit Holder becomes aware of the hazardous condition.
12.
No Permit Holder shall fail to secure any Vacant Property, or any portion
thereof, against unauthorized entry, to the satisfaction and sole
discretion of the Director.
(103-2025)
Contact Notice
12.1
No Permit Holder of a Vacant Property shall fail to post a Contact Notice
in the manner prescribed by the Director.
12.2
Every Permit Holder shall ensure that the Contact Notice required under
subsection 12.1 conforms to the specification and placement prescribed
in the Permit.
12.3
Every Permit Holder shall ensure that the phone number listed on the
Contact Notice required under subsection 12.1 is in service, up to date,
and actively monitored.
13.
Insurance
13.1
No Permit Holder shall fail to maintain insurance as required under this
By-law.
13.2
No Permit Holder shall fail to keep the insurance policy required under
this By-law in force for the period for which the Permit is in effect,
inclusive of any renewal period.
13.3
Every Permit Holder shall have and maintain third party liability insurance
that includes the following:
a)
Coverage for the Vacant Property that is the subject matter of the
Permit, and any structures on the Vacant Property;
(103-2025)
b)
A limit of liability of not less than two million dollars ($2,000,000.00)
inclusive per occurrence for personal injury, bodily injury, death, and
damage to property, including loss of use thereof; and
c)
Identifies the Property as vacant.
13.4
An insurance policy required under this By-law shall include a provision
that the City of Oshawa will be notified with no less than fifteen (15) days
written notice of any cancellation, where available.
13.5
An insurance policy required under this By-law shall name the City of
Oshawa as additional insured if required as a condition of the Permit.
13.6
Any lapse in maintaining the insurance coverage required in this By-law
invalidates any Permit issued under this By-law.
13.7
The insurance provided in accordance with subsection 13.1 shall be to
the satisfaction of the Director.
14.
Order
14.1
Where an Officer is satisfied that an Owner has failed to comply with any
provision of this By-law, the Officer may make an Order requiring the
Owner to do work to correct the contravention.
14.2
An Order shall set out:
a)
reasonable particulars of the contravention adequate to identify the
contravention; and
b)
the work to be done and the date by which the work must be done.
14.3
Each Owner who contravenes an Order is guilty of an offence.
14.4
Despite any other provision of this By-law, the Director may rescind an
Order at any time.
15.
Administrative Penalties
15.1
No Owner shall fail to comply with any provision of this By-law.
15.2
No Owner shall fail to comply with an Order used pursuant to this By-law.
15.3
Administrative Penalty Process By-law 63-2013 applies to each
administrative penalty issues pursuant to this By-law.
15.4
Each Owner who contravenes any provision of this By-law shall, upon issuance
of a penalty notice in accordance with Administrative Penalty Process By-law
63-2013, be liable to pay to the City an administrative penalty. If a Person
receives a penalty notice in accordance with the City's Administrative Penalty
Process By-law for a contravention of this By-law, and the Person has not
received a penalty notice for the same contravention within one (1) calendar
year or less, the Person shall be liable to pay to the City a tier one (1)
administrative penalty amount for that contravention in the amount of $250. If a
Person receives an additional penalty notice for the same contravention of the
By-law within one (1) calendar year or less from the date of the penalty notice
containing a tier one (1) administrative penalty amount, the Person shall be
liable to pay to the City a tier two (2) administrative penalty amount for that
contravention in the amount of $350. If the Person receives a subsequent
penalty notice for the same contravention of the By-law within one (1) calendar
year or less from the date of the penalty notice containing a tier two (2)
administrative penalty amount, the Person shall be liable to pay to the City a
tier three (3) administrative penalty amount for that contravention in the amount
of $450. If the Person receives any subsequent penalty notices for the same
contravention of the By-law within one (1) calendar year or less from the date of
the penalty notice containing a tier three (3) administrative penalty amount, the
Person shall be liable to pay to the City a tier three (3) administrative penalty
amount for that offence in the amount of $450.
16.
Offences
16.1
An Owner who contravenes a provision of this By-law is guilty of an
offence and on conviction liable to a fine of not more than $25,000.00.
16.2
Prosecution under this By-law shall not preclude any other legal actions
required to recover damages required to repair, replace or restore
damaged real or personal property, as the case may be.
17.
Notice
17.1
Any Order, notice or document respecting this By-law may be given in
writing in any of the following ways and is effective:
a)
on the date a copy is personally delivered to the Owner to whom it is
addressed;
b)
on the third (3rd) day after a copy is sent by regular mail or by
registered mail to the Owner's last known address;
c)
upon confirmation of the successful transmission of a copy by
facsimile transmission to the Owner's last known facsimile
transmission number;
d)
upon sending a copy by e-mail transmission to the Owner's last
known e-mail address; or
e)
upon a copy being posted on the door of any Building or structure on
the Owner's Lot or, where no Building or structure exists, on a stake
erected by the Officer on the Owner's Lot.
18.
Compliance with Other By-Laws and Regulations
18.1
This By-law shall not be construed to reduce or mitigate any restrictions
or regulations lawfully imposed by the City or by any governmental
authority having jurisdiction to make such restrictions or regulations.
18.2
If there is a conflict between a provision of this By-law and a provision of
any other City By-law, the provision that establishes the higher standard
shall apply.
19.
Severability
19.1
If one or more provisions of this By-law, as amended, are found to be
invalid, illegal, inoperative, unenforceable or void by any court or tribunal
of competent jurisdiction, in whole or in part, or in the particular
circumstances, the remaining terms and provisions of the By-law shall be
deemed to be severable from the part so found and shall remain in full
force and effect.
20.
Effective Date
20.1
This By-law is in effect on the date of its passing.
By-law passed this twenty-ninth day of January, 2024.
__________________________
___________________________
Deputy Mayor
City Clerk