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By-law No. 2023-115
Short-Term Rental By-law
Table of Contents
Part I. Short Title, Purpose and Scope .............................................. 2
Part II. Interpretation ....................................................................... 3
Part III. Administration .................................................................... 5
Delegation ........................................................................................ 5
Part IV. Licence requirement ............................................................ 5
Licence required ................................................................................ 5
Part V. Application for Licence .......................................................... 6
Submitting an application ................................................................... 6
Conditional approval ........................................................................... 8
Issuing licences ................................................................................. 8
Replacement of short-term licence ....................................................... 8
Part VI. Refusal, Suspension, Revocation .......................................... 8
Grounds ........................................................................................... 8
Notice .............................................................................................. 9
Danger to health or safety ................................................................ 10
Appeals .......................................................................................... 10
Appeal Hearing ................................................................................ 10
Part VII. Requirements, Responsibilities and Prohibitions .............. 11
Occupancy ...................................................................................... 11
Parking ........................................................................................... 11
Signage .......................................................................................... 12
Responsibilities ................................................................................ 12
General Prohibitions ......................................................................... 14
Part VIII. Inspections, Orders and Notice ....................................... 15
Inspections ..................................................................................... 15
Obstruction ..................................................................................... 15
Orders ............................................................................................ 15
Notice ............................................................................................ 16
Part IX. Offence and Penalty ........................................................... 16
Part X. Effective Date ...................................................................... 17
Consolidated Version
Last revised on September 17, 2025
Revision History:
Passed On:
Description of
amendment
2023-115 (original)
December 4, 2023
-
2024-016
February 12, 2024
update insurance and
electrical safety
requirements
ss. 15(h), 15(m), 28.1
2025-096
September 8, 2025
Add human trafficking
information, increase
rental cap, remove
principal residence and
rental cap in C1 zones
Consolidated for Convenience Only
This is a consolidation copy of a City of Owen Sound By-law for convenience
and information. While every effort is made to ensure the accuracy of this
by-law, it is not an official version or a legal document. The original by-law
should be consulted for all interpretations and applications on this subject.
For more information or to view by-laws please contact the Clerks
Department.
The Corporation of the City of Owen Sound
By-law No. 2023-115
A By-law to licence, regulate and govern
the operation of short-term rentals (STRs)
WHEREAS subsection 5(3) of the Municipal Act, 2001 S.O. 2001, c. 25 (the
"Municipal Act") provides that a municipal power shall be exercised by by-law;
and
WHEREAS section 9 of the Municipal Act provides that a municipality has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under the Municipal Act or any other Act; and
WHEREAS pursuant to section 11 of the Municipal Act, the Council of the
Corporation of the City of Owen Sound (the "City") is exercising its authority
with respect to business licensing in the interest of health and safety, well-being
of persons, consumer protection, and nuisance control; and
WHEREAS subsection 151(1) of the Municipal Act provides that a municipality
may provide for a system of licences with respect to business and may:
a. prohibit the carrying on or engaging in the business without a licence;
b. refuse to grant a licence or 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. 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 151(5) of the Municipal Act provides that subsection
151(1) applies with necessary modifications to a system of licences with respect
to any activity, matter or thing for which a by-law may be passed under sections
9 and 11 as if it were a system of licences with respect to a business; and
WHEREAS section 23.1 of the Municipal Act establishes rules for the delegation
of a municipality's powers and duties, and section 23.2 permits a municipality to
delegate certain legislative and quasi-judicial powers; and
WHEREAS City Council is of the opinion that the delegation of legislative powers
under this by-law to the Licence Manager including without limitation the power
to issue and impose conditions on a licence are powers of a minor nature having
regard to the number of people, the size of the geographic area and the time
PAGE 2
BY-LAW NO. 2023-115
period affected by the exercise of the power, in accordance with subsection
23.2(4) of the Municipal Act; and
WHEREAS sections 390 to 400 of the Municipal Act authorize a municipality to
pass by-laws imposing fees or charges for services or activities provided or done
by it or on behalf of it; and
WHEREAS section 436 of the Municipal Act authorizes a municipality to pass by-
laws providing that the municipality may enter on land at any reasonable time
for the purpose of carrying out an inspection to determine whether or not there
is compliance with a by-law, a direction or order, or a condition of a licence; and
WHEREAS section 429 of the Municipal Act provides that a municipality may
establish a system of fines for offences under a by-law of the municipality
passed under the Municipal Act; and
WHEREAS section 444 of the Municipal Act provides that the municipality may
make an order requiring the person who contravened the by-law or cause or
permitted the contravention or the owner or occupier of the land on which the
contravention occurred to discontinue the contravening activity and any person
who contravenes such an order is guilty of an offence; and
WHEREAS on September 25, 2023, City Council passed Resolution No. R-
230925-015 directing staff to bring forward the subject by-law for approval, in
consideration of staff report CR-23-070 presented to the Corporate Services
Committee on September 14, 2023;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF OWEN
SOUND HEREBY ENACTS AS FOLLOWS:
Part I. Short Title, Purpose and Scope
Short Title
1.
The by-law may be referred to as the "Short-Term Rental By-law" and
when so referenced includes all future amendments, unless otherwise
specified.
Purpose
2.
This by-law has been enacted to:
a.
protect the availability and affordability of housing stock;
b.
balance the economic benefits of short-term rentals with the
compatibility of the neighbourhoods where they exist;
c.
protect the character, amenities and quality of the community;
d.
create accountability for and to ratepayers, short-term rental
operators, and visitors;
e.
ensure visitors are provided with safe accommodations in terms of
fire and building safety;
f.
ensure short-term rental operators and visitors are aware of their
responsibility to comply with applicable municipal by-laws and other
laws and regulations;
g.
create a level playing field for all short-term rental operators and
provide enhanced consumer protection to visitors; and
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BY-LAW NO. 2023-115
h.
permit the operation of licensed short-term rental accommodations
across the municipality.
Scope
3.
This by-law applies to all short-term rentals in the City as defined in this
by-law.
Part II. Interpretation
Headings
4.
The division of this by-law into parts and the insertion of headings are for
convenient reference only and do not affect the interpretation of the by-
law.
Gender and Number
5.
In this by-law, unless the contrary intention is indicated, words used in the
singular include the plural and words imparting a gender include all
genders, where applicable.
References to Applicable Law
6.
All references to applicable law are ambulatory and apply as amended,
extended or re-enacted from time to time.
Severability
7.
In the event any provisions of this by-law are deemed invalid or void, in
whole or in part, by any court of competent jurisdiction, the remaining
terms and provisions shall remain in full force and effect.
Definitions
8.
For the purposes of this by-law:
"Appeals Committee" means the body that has been delegated by the City,
the responsibility of conducting hearings under this by-law;
"applicant" means the person applying for a licence or renewal of a licence
under this by-law, and "application" has a corresponding meaning;
"bed & breakfast" means a home business where the resident operator
provides short-term lodging for compensation to the travelling and
vacationing public. Guest rooms or suites may include a private bath, but
do not include cooking facilities. Breakfast and other meals, services,
facilities or amenities may be offered exclusively to guests. A bed and
breakfast does not include a hotel, boarding or lodging house, group
home, group residence or any other home licensed, approved or
supervised under any general or special Act;
"bedroom" means a room or area used, designed, equipped or intended for
sleeping as defined by the Building Code Act;
"Building Code Act" means the Building Code Act, 1992, S.O. 1992, C. 23;
"City" means the City of Owen Sound and a reference to the City is a
reference to the geographical area or to The Corporation of the City of
Owen Sound as the context requires;
"dwelling" means a building occupied or capable of being occupied
exclusively as a home or residence by one or more people, but does not
include hotels, motels, mobile homes, motor homes, caravans, travel
PAGE 4
BY-LAW NO. 2023-115
trailers, boarding or lodging houses, group homes, group residences, crisis
residences, or other institutions licensed or approved under any Act of the
Province of Ontario or the Dominion of Canada;
"dwelling unit" means a room or group of rooms designed, occupied or
intended to be occupied as a single housekeeping unit, for one or more
persons, providing kitchen and sanitary facilities and sleeping
accommodations for the exclusive use of the occupants;
"fee" means as set out in the City's Fees and Charges By-law;
"Fire Protection and Prevention Act" means the Fire Protection and
Prevention Act, 1997, S.O. 1997, c. 4;
"fire safety plan" means a layout of the interior of the short-term rental
with locations for all smoke alarms, carbon monoxide alarms, fire
extinguishers and exits;
"Health Protection and Promotion Act" means the Health Protection and
Promotion Act, R.S.O. 1990, c. H.7;
"Licence Manager" means the City Clerk and includes their designate;
"licensee" means a person licensed under this by-law or a person required
to be licensed under this by-law;
"Municipal Accommodation Tax" means the tax imposed under the
Municipal Act and the City's Municipal Accommodation Tax By-law and
where applicable, includes the tax assessed by the Treasurer;
"officer" means any person authorized by the City to enforce by-laws and
includes a Municipal Law Enforcement Officer appointed to enforce the by-
laws of the City or a police officer while in the course of his or her duties;
"owner" means a person (or persons) on title as the owner(s) of a building
or parcel of land identified on the parcel register from the Land Registry
Office;
"parking management plan" means the plan developed in accordance with
section 43 of this by-law;
"person" includes an individual, a corporation, a partnership, and an
association, and their heirs, executors, assignees and administrators;
"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, and which is shown as the primary residence
on the individual's income tax filing or other government records;
"property" means any land or property where the short-term rental is
located that is within the jurisdiction of the City;
"Provincial Offences Act" means the Provincial Offences Act, R.S.O. 1990,
Chapter P.33;
"revoked" means a licence that has been declared null and void by the
Licence Manager;
"short-term rental" means all or part of a legally established dwelling that
operates or offers a place of temporary residence, lodging or occupancy by
way of a rental agreement or similar commercial transaction for a period of
twenty-eight (28) consecutive nights or less and, for greater clarity,
includes bed & breakfasts;
PAGE 5
BY-LAW NO. 2023-115
"short-term rental licence" means the licence issued under this by-law as
proof of licensing under this by-law;
"Statutory Powers Procedure Act" means the Statutory Powers Procedure
Act, R.S.O. 1990. c.S. 22;
"suspended" means a short-term rental licence that is temporarily inactive
until such time as set out by the Licence Manager;
"tenant" means the person responsible for and in possession of a dwelling
unit under a long-term lease;
"visitor" means any person occupying the short-term rental by way of
concession, permit, lease, licence, rental agreement or similar commercial
arrangement;
"visitor's code of conduct" means a document that has been prepared by
the City, and may include site-specific information added by the licensee,
that sets out the roles and responsibilities of the visitor, including
behavioural expectations as they relate to non-disturbance and, which
identifies applicable City by-laws that visitors must comply with including
the provisions of this by-law as they relate to, among other things, the
parking management plan, fire safety plan, occupancy limits, noise, and
nuisance.
Part III. Administration
Delegation
9.
The administration of this by-law is assigned to the Licence Manager who
will generally perform the administrative functions conferred upon them by
this by-law, and without limitation may:
a.
delegate any responsibilities, to an employee of the City, conferred
to the Licence Manager under this by-law;
b.
receive and process all applications for short-term rental licences and
renewals of short-term rental licences under this by-law;
c.
issue short-term rental licences and renew short-term rental licences
in accordance with the provisions of this by-law;
d.
impose terms and conditions on short-term rental licences at the
time of issuance, renewal or any other time during the licence
period, in accordance with this by-law and as necessary to give
effect to this by-law; and
e.
refuse to issue or renew a licence, or revoke or suspend a licence, in
accordance with this by-law.
10.
The Licence Manager will maintain complete records showing all
applications received and licences issued, including an online registry of all
currently licensed short-term rental addresses.
Part IV. Licence requirement
Licence required
11.
A licence issued pursuant to this by-law is required for all short-term
rentals.
12.
For greater clarity, the following are not considered short-term rentals:
PAGE 6
BY-LAW NO. 2023-115
a.
group homes, group residences, crisis residences, or other
institutions licensed or approved under any Act of the Province of
Ontario or the Dominion of Canada;
b.
a hotel or motel;
c.
boarding or lodging house;
d.
hospital or hospice;
e.
motor homes, caravans or travel trailers;
f.
campgrounds;
g.
accommodations rented out to tenants in accordance with the
Residential Tenancies Act, 2006, S.O. 2006, c. 17; and
h.
couch surfing or other short-term accommodations where there is no
payment.
Part V. Application for Licence
Submitting an application
13.
The Licence Manager will receive, process, and review all applications for
short-term rental licences and short-term rental licence renewals under
this by-law.
14.
No person is entitled to apply for a licence or to renew a licence if in the
year prior to the application, the person applied for and was refused a
licence or had their licence revoked by the Licence Manager.
15.
Every application for a short-term rental licence and short-term rental
licence renewal must be made to the Licence Manager on the forms
provided by the Licence Manager. Without limitation, every application for
a short-term rental licence or a short-term rental licence renewal must
include the following information:
a.
a completed application that includes the name, telephone number,
and email address of the applicant and owner, if not the same
person, along with the address of the proposed short-term rental;
b.
payment of the applicable licensing fee as identified in the City's Fees
and Charges By-law;
c.
the licence number of any current or previously licensed short-term
rental;
d.
government-issued identification or other documentation satisfactory
to the Licence Manager that demonstrates that the applicant is at
least eighteen (18) years of age;
e.
income tax filing or other government records satisfactory to the
Licence Manager, along with a signed declaration, that demonstrates
that the short-term rental is located at the applicant's principal
residence;
f.
if the applicant is:
i.
the property owner, proof of ownership of the property
satisfactory to the Licence Manager;
ii.
the property owner of a condominium unit, proof satisfactory
to the Licence Manager that short-term rentals are permitted
by the condominium corporation; and/or
PAGE 7
BY-LAW NO. 2023-115
iii.
a tenant, signed authorization from the owner or landlord to
permit the operation of a short-term rental.
g.
a photograph of the front of the short-term rental;
h.
a certificate of insurance demonstrating general liability insurance
providing coverage for, but not limited to, bodily injury, including
personal injury and death, and property damage with a per
occurrence limit of no less than $2,000,000. The policy must identify
that a short-term rental is being operated on the property, and, for
bed & breakfasts, the policy must:
i.
include the City as an additional insured under the policy, but
only with respect to the operations of the short-term rental
accommodation; and
ii.
be endorsed to the effect that the City shall be given at least
thirty (30) days' notice in writing of any cancellation or
material variation to the policy;
i.
an indemnity in favour of the City from and against claims, demands,
losses, costs, damages, actions, suits or proceedings that arise out
of, or are attributable to, the short-term rental accommodation,
which shall be in a form satisfactory to the Licence Manager;
j.
a site plan, drawn to scale and fully dimensioned of the short-term
rental property, including the location, dimensions and surfacing of
parking area, and all buildings or structures on the land, septic and
well locations if applicable;
k.
a parking management plan for the short-term rental, in accordance
with this by-law and to the satisfaction of the Licence Manager;
l.
a fire safety plan for the short-term rental, in accordance with this
by-law and to the satisfaction of the Licence Manager;
m.
a Letter of Acceptance from a qualified, insured, and licensed
electrician, dated within 12 months of the date of the application
stating the dwelling and its proposed use complies with the Electrical
Safety Code;
n.
the number of bedrooms in the short-term rental and the requested
occupancy for the short-term rental, in accordance with this by-law;
o.
where the short-term rental is not on a municipal water system,
proof of well water testing within the last year that confirms the
absence of bacterial contamination;
p.
where the short-term rental is not on a municipal wastewater
system, proof of septic system maintenance, inspections and pump-
out servicing within the last three years; and
q.
any other information or documents required by the Licence
Manager.
16.
The Licence Manager may request comments from other departments or
agencies in respect of the application.
17.
The Licence Manager may require an inspection of the short-term rental
prior to making a determination on the application.
18.
The application fee is non-refundable regardless of whether or not the City
approves a licence and regardless of whether or not the City imposes any
PAGE 8
BY-LAW NO. 2023-115
conditions on the licence including but not limited to occupancy or parking
limits.
19.
The submission of an application for a licence, including the related fee(s)
does not entitle an applicant to operate or advertise a short-term rental.
The applicant is only entitled to operate and advertise the short-term
rental once the licence has been issued under the provisions of this by-law.
20.
A short-term rental licence that is not renewed prior to the expiration date
is no longer valid.
Conditional approval
21.
Where the Licence Manager has determined that the applicant has satisfied
all licence requirements in sections 15, 16 and 17, the Licence Manager wil
issue notice of conditional approval and direct the applicant to apply for
the Municipal Accommodation Tax. A short-term rental licence will not be
issued until the applicant provides proof of registration for the Municipal
Accommodation Tax to the Licence Manager.
Issuing licences
22.
When an application for a new short-term rental licence or short-term
rental licence renewal is made in accordance with Part V of this by-law and
the applicant meets all the requirements of this by-law, including the
requirement to apply for the Municipal Accommodation Tax, the Licence
Manager will issue a licence along with a unique business licence number.
23.
A licence issued according to this by-law is valid for one year from the date
of issue.
24.
The Licence Manager may only issue one licence per person, as persons
are permitted only one principal residence pursuant to this by-law.
25.
Every licence is owned by and is the property of the City and is valid only
in respect of the person who was issued the licence.
Replacement of short-term licence
26.
Where a short-term rental licence issued in accordance with this by-law is
lost or destroyed and the licensee makes a written request and pays the
fee as set out in the City's Fees and Charges By-law, the Licence Manager
will issue a replacement of the original licence, marked "duplicate".
27.
The issuance of a replacement licence does not affect the expiry date of
the licence.
Part VI. Refusal, Suspension, Revocation
Grounds
28.
A Licence Manager may refuse to issue or renew or may suspend or revoke
a licence where:
a.
an applicant or licensee is under eighteen (18) years of age or is a
corporate entity including but not limited to a partnership or
corporation;
b.
an application or other document provided to the Licence Manager by
an applicant contains a false statement or false information;
c.
the existing licence has been suspended or revoked pursuant to this
by-law;
PAGE 9
BY-LAW NO. 2023-115
d.
the applicant or licensee is indebted to the City in respect of fines,
penalties, judgements, outstanding property taxes, or any other
amounts owing;
e.
the applicant, licensee or the short-term rental property is subject to
an order, or orders made pursuant to applicable law including but
not limited to a City by-law, the Building Code Act, the Fire
Protection and Prevention Act, and the Medical Officer of Health;
f.
the applicant or licensee does not comply with any of the
requirements of:
i.
any applicable condominium laws including declarations and
by-laws; or
ii.
any other federal or provincial laws affecting the operation of
the short-term rental;
g.
the licensee has three (3) or more contraventions of City laws or by-
laws within a six-month period or four (4) or more contraventions of
City laws or by-laws within a calendar year;
h.
the licensee is not in compliance with the requirements of sections
45, 46, 47, 48, 49, 50, 51, 52 or 53 of this by-law;
i.
the licence was issued in error or granted based on incorrect or false
information; or
j.
the Licence Manager becomes aware of a fact or facts that, if known
at the time of the application, may have resulted in the Licence
Manager refusing to issue the licence.
28.1 Where the licensee's insurance policy expires, is cancelled, or is otherwise
terminated, the applicable licence is automatically suspended effective on
the date of such expiration, cancellation or termination and remains
suspended until such insurance has been reinstated.
Notice
29.
Where the Licence Manager refuses to issue or renew a short-term rental
licence or where the Licence Manager elects to suspend or revoke a
licence:
a.
The Licence Manager will send written notice advising the applicant
or licensee of the refusal, suspension or revocation of the licence;
b.
the written notice will be sent in accordance with the notice
provisions set out in section 63 of this by-law;
c.
the written notice will:
i.
set out the grounds for the refusal, suspension or revocation;
ii.
be signed;
iii.
indicate the final date and time by which the applicant or
licensee may appeal the decision of the Licence Manager and
the method for doing so, as set out in this by-law; and
iv.
indicate the appeals fee, as set out in the City's Fees and
Charges By-law.
PAGE 10
BY-LAW NO. 2023-115
Danger to health or safety
30.
Notwithstanding section 29 above, the Licence Manager, if satisfied that
the continuation of a licence poses a danger to the health or safety of any
person, may for the time and on such conditions as are considered
appropriate, suspend a licence for not more than fourteen (14) days
without a hearing. If, after the suspension period has elapsed, the Licence
Manager is satisfied that the continuation of a licence will continue to pose
a danger to the health or safety of any person, they may further suspend
for not more than fourteen (14) days or revoke the licence.
Appeals
31.
An applicant or licensee may appeal the Licence Manager's decision to
refuse to issue, renew, suspend or revoke a licence to the Appeals
Committee once notice of the decision is provided in accordance with
section 29 of this by-law.
32.
A request for appeal must be made in writing to the Licence Manager,
setting forth the reasons for appeal, and be accompanied by the required
appeal fee as set out in the City's Fees and Charges By-law.
33.
A complete request for appeal, including payment, must be received within
fourteen (14) days after service of the written notice is deemed complete.
34.
Where no request for appeal is received in accordance with section 33, the
decision of the Licence Manager is final and binding.
35.
Where a request for appeal is received in accordance with section 33, the
Appeals Committee must:
a.
fix a date and time for such matter(s) to be heard by the Appeals
Committee within a period of sixty (60) days of receipt of the
request for appeal; and
b.
send notice, including the date, time and location of the hearing, at
least fifteen (15) days prior to the date fixed for the hearing, to the
applicant or licensee, the Licence Manager and any other person who
has requested such notification in writing from the Appeals
Committee.
36.
A request to appeal the decision of the Licence Manager will not act as a
stay of the decision, including any condition or requirement imposed
therein.
Appeal Hearing
37.
The following procedure will be followed for appeals of the Licence
Manager's decision to refuse to issue, suspend, or revoke any licence
under this by-law:
a.
the Appeals Committee or its designate will circulate copies of all
reports from any persons who may be involved in the matter(s), to
the applicant, licensee or any other person to whom notice of the
hearing has been given;
b.
the applicant or licensee, either personally or through an agent or
legal counsel, will be afforded an opportunity to present such
material and evidence relevant to the matter(s) before the Appeals
Committee, and may ask any questions of any persons presenting
evidence, relating to the evidence presented;
PAGE 11
BY-LAW NO. 2023-115
c.
the Licence Manager, either personally or through legal counsel or a
representative, will be afforded an opportunity to present such
material and evidence relevant to the matter(s) before the Appeals
Committee, and may ask any questions of any persons presenting
evidence, relating to the evidence presented;
d.
the Appeals Committee may afford any other person who has a
direct interest in the matters under discussion, an opportunity to
present material and evidence relevant to the matter(s) before the
Appeals Committee;
e.
the provisions of the Statutory Powers Procedure Act will apply to all
hearings, conducted by the Appeals Committee under this by-law;
and
f.
any person presenting evidence relevant to the hearing must be
present to answer questions in relation to that evidence.
38.
In the event that the applicant or licensee who has been sent notice of the
hearing does not appear at the scheduled time and place of the hearing,
the Appeals Committee may proceed with the hearing in absence of the
applicant or licensee and if so, the applicant or licensee will not be entitled
to any further proceeding or further notice of proceedings.
39.
At the conclusion of a hearing, the Appeals Committee may give its
decision orally or reserve its decision, but in any case, the Appeals
Committee or its designate will provide its decision in writing and will set
out the reasons for the decision, within thirty (30) days of the hearing to
the applicant or licensee and the Licence Manager.
40.
The Appeals Committee, in making its decision, may uphold or vary the
decision of the Licence Manager, or impose conditions as a requirement of
the short-term rental licence.
41.
The decision of the Appeals Committee issued under this by-law is final.
Part VII. Requirements, Responsibilities and Prohibitions
Occupancy
42.
The occupancy permitted for a short-term rental, other than a bed &
breakfast, is determined by reference to the number of bedrooms in the
short-term rental, and the maximum occupancy must not exceed a total of
two (2) persons per bedroom plus two (2) persons to a maximum of eight
(8) persons per short-term rental.
42.1 For greater clarity, the formula in section 42 above includes all persons
present during a rental, including owners and members of the owners'
household.
Parking
43.
The parking management plan must comply with the following regulations:
a.
only the number of vehicles equal to or less than the number of
legitimate parking spaces may be parked at the short-term rental;
b.
parking spaces must measure a minimum of 2.65 m by 6 m per
space;
c.
the surfacing must be asphalt, gravel, concrete, or another similar
hard surface and cannot be grass or other landscaped space;
PAGE 12
BY-LAW NO. 2023-115
d.
off-site parking may be used for overflow, provided vehicles are
parked in a manner and location that complies with all applicable
laws and regulations.
Signage
44.
A short-term rental may display signage in compliance with the City's Sign
By-law.
Responsibilities
45.
Every licensee must:
a.
operate and advertise a short-term rental in compliance with
applicable laws, including but not limited to:
i.
the Health Protection and Promotion Act;
ii.
the Fire Protection and Prevention Act;
iii.
the Building Code Act;
iv.
the City's:
1. Fireworks By-law;
2. Noise By-law;
3. Nuisance By-law;
4. Property Standards By-law;
5. Snow Removal By-law;
6. Unauthorized Parking By-law;
7. Waste Management By-law; and
8. Zoning By-law.
b.
ensure the short-term rental is operated in accordance with the
parking management plan, fire safety plan, permitted occupancy and
visitor code of conduct;
c.
display the short-term rental licence in a prominent place at the
short-term rental to which it applies;
d.
display the fire safety plan in a prominent place in the short-term
rental to which it applies;
e.
ensure that each visitor has been provided with the visitor's code of
conduct with the licensee retaining a copy of the confirmation of
receipt of the visitor's code of conduct for a period of one (1) year;
f.
ensure that the short-term rental is operated and used in such a
fashion that the operation or use will not cause a breach or
contravention of any current municipal by-law;
g.
provide to at least one visitor of the short-term rental an information
package containing the following information:
i.
instructions for use of the 9-1-1 emergency system, which
includes the municipal address for the property;
ii.
the name and address of the nearest hospital or emergency
medical services providing emergency care;
iii.
non-emergency contact for the Owen Sound Police Service;
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iv.
instructions for solid waste disposal, to include information on
the applicable waste collection day and instructions for
composting and recycling;
v.
a schedule of common offences and related fines associated
with visitor activities, to be provided by the Licence Manager;
and
vi.
a copy of the short-term rental licence, and occupancy limits,
parking rules, and any conditions imposed on the short-term
rental licence; and
h.
display human trafficking information provided by the City in a
prominent place at the short-term rental when it is occupied by
visitors.
46.
Where, at any time, there is a change in, or relating to, any of the
information or documents required to be filed with an application under
this by-law, the applicant or licensee, must report the change in writing to
the Licence Manager no later than fifteen (15) days following the change.
Examples of such information or documents include but are not limited to:
a.
ownership information;
b.
principal residence status;
c.
contact information;
d.
condominium or landlord permissions;
e.
building layout or configuration;
f.
on-site parking availability;
g.
fire safety measures;
h.
electrical safety measures;
i.
servicing; and
j.
insurance.
47.
Every person must take down or remove a listing or other advertisement
for a short-term rental that is not in compliance with this by-law within
twenty-four (24) hours of being requested to do so by the Licence Manager
or an officer.
48.
The licensee must provide the City with an updated certificate of
insurance, as required by this by-law, prior to the expiry of the current
certificate of insurance.
49.
Every licensee must 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 must include:
a.
the number of nights the short-term rental was rented in a calendar
year;
b.
the nightly and total price charged for each rental including the
Municipal Accommodation Tax charged on the transaction; and
c.
any other information required by the Licence Manager.
50.
Every licensee must provide the information referred to in section 49
above to the Licence Manager within thirty (30) days of being requested to
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do so by the Licence Manager, unless the Licence Manager requires the
records within twenty-four (24) hours.
General Prohibitions
51.
No person may operate or advertise, or permit the operation of a short-
term rental:
a.
unless the short-term rental is located at the principal residence of
that person;
b.
without a short-term rental licence issued under this by-law;
c.
without the licence number included in advertisements for the short-
term rental;
d.
under any other name than the one endorsed on their short-term
rental licence;
e.
without registering for the Municipal Accommodation Tax;
f.
while their short-term rental licence is under suspension or revoked;
g.
except in accordance with the regulations of this by-law; and
h.
except in accordance with the terms and conditions of their short-
term rental licence.
52.
No person may operate or advertise, or permit the operation of a short-
term rental in:
a.
any structure other than a dwelling unit including but not limited to
any private garage, carport, cellar, unheated porch or veranda,
unfinished attic, unfinished basement, or any space used for the
service and maintenance of a dwelling or for vertical travel between
storeys;
b.
any dwelling unit that is not serviced, partially serviced, unheated, or
insufficiently insulated;
c.
a motor vehicle or trailer;
d.
an unlawful residential dwelling unit;
e.
a docked boat;
f.
a dwelling where a licence to operate a short-term rental has not
been issued or is currently suspended or revoked.
53.
No licensee may:
a.
operate or provide a short-term rental for more than two hundred
and forty (240) 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 at the same time;
c.
transfer or assign a short-term rental licence; or
d.
obtain a short-term rental licence by providing false or incorrect
information.
54.
Notwithstanding section 53 above, bed & breakfasts are exempt from the
prohibitions listed in subsections 53(a) and 53(b).
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54.1 Notwithstanding sections 51 and 53 above, short-term rentals located in
C1 zones, as determined by the City's Zoning By-law, are exempt from the
prohibitions listed in subsections 51(a), 53(a) and 53(b).
Part VIII. Inspections, Orders and Notice
Inspections
55.
The Licence Manager or 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 include a dwelling if the consent of the
occupier is obtained, the occupier first having been informed that the right
of entry may be refused.
56.
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 purpose of inspection.
57.
The Licence Manager or an officer will provide a receipt for any document
or thing removed under subsection 56(b) and the document or thing will
be promptly returned after the copies or extracts are made.
Obstruction
58.
No person shall prevent, hinder, or obstruct, or attempt to prevent, hinder
or obstruct anyone who is lawfully exercising a power or performing a duty
under this by-law.
59.
Any person who has been alleged to have contravened any of the
provisions of this by-law must identify themselves to the Licensing
Manager or officer upon request. Failure to do so will result in the person
being deemed to have obstructed or hindered the License Manager or
officer in the execution of their duties.
Orders
60.
An officer may make an order requiring the person who contravened this
by-law or who caused or permitted the contravention or the owner or
occupier of the land on which the contravention occurred to discontinue
the contravening activity or to do work to correct the contravention.
61.
An order made pursuant to section 60 must:
a.
include the reasonable particulars of the contravention adequate to
identify the contravention and the location of the land on which the
contravention occurred;
b.
include the date by which there must be compliance with the order
and/or the work to be done and the date by which the work must be
done;
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BY-LAW NO. 2023-115
c.
direct that if the thing or matter that is required to be done is not
completed by the time set out in subsection 61(b), the matter or
thing will be done by the City at the person's expense and the City
may recover the costs of doing the matter or thing from the person
directed or required to do it by action or by adding the costs to the
tax roll and collecting them in the same manner as property taxes.
62.
Every person must comply with an order made pursuant to section 60.
Notice
63.
Any notice or order issued pursuant to this by-law may be given in writing
in any of the following ways and is effective:
a.
on the date on which a copy is delivered to the person to whom it is
addressed;
b.
on the fifth day after a copy is sent by mail to the person's last
known address;
c.
upon the sending of a copy by e-mail transmission to the person's
last know email address; or
d.
posting on the premises, on the date of posting.
64.
For the purpose of section 63, a person's last known address and last
known email address are deemed to include information on the last revised
assessment roll and on an application submitted pursuant to this by-law.
Part IX. Offence and Penalty
65.
Every person who contravenes any provision of this by-law, or fails to
comply with an order issued pursuant to this by-law, is guilty of an offence
and liable to a fine of:
a.
on a first offence, no more than $50,000; and
b.
on a second offence and each subsequent offence, not more than
$100,000,
and such other penalties as provided for in the Provincial Offences Act and
the Municipal Act.
66.
Where a corporation contravenes any provision of this by-law or fails to
comply with an order issued pursuant to this by-law, and every director or
officer of a corporation who commits, concurs, assents to, or acquiesces to
such contravention, is guilty of an offence and is liable to a fine of
a.
on a first offence, no more than $50,000; and
b.
on a second offence and each subsequent offence, not more than
$100,000,
and such other penalties, as provided for in the Provincial Offences Act and
the Municipal Act.
67.
In addition to any penalty otherwise provided for in this by-law, every
person convicted of an offence under this by-law is liable to a fine of not
more than $10,000 for each day during which the offence continues.
68.
Upon conviction any penalty imposed under this by-law may be collected
under the authority of the Provincial Offences Act.
69.
If a person is convicted of an offence for contravening a provision of this
by-law or an order made under this by-law, the court in which the
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conviction has been entered, and any court of competent jurisdiction
thereafter, may order the person to correct the contravention in such
manner and within such period as the court considers appropriate.
Part X. Effective Date
70.
This by-law comes into effect at 12:01 a.m. on March 1, 2024.
FINALLY PASSED AND ENACTED this 4th day of December, 2023.
Signature on file
Mayor Ian C. Boddy
Signature on file
Briana M. Bloomfield, City Clerk