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CITY OF ST. CATHARINES
BY-LAW NO. dew-:- I5C\
A By-law to require adequate and suitable vital services for rental units.
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 Council deems it necessary to require the supply of Vital Services by
landlords and the suppliers of such vital services and to prohibit the cancellation of such
vital services to rental units;
AND WHEREAS Part XIII, Sections 215 through 223 of the Residential Tenancies Act,
2006, S.O. 2006 Chapter 17, provides for the enactment and enforcement of a vital
services by-law, lien and rent collection rights, and related matters;
AND WHEREAS subsection 11 (1) of the Municipal Act, 2001 provides that a municipality
may provide any service or thing that the municipality considers necessary or desirable
for the public;
AND WHEREAS subsection 11 (2) of the Municipal Act, 2001 provides that a municipality
may pass by-laws respecting: in paragraph 6, Health, safety and wellbeing of persons;
AND WHEREAS section 23.1 of the Municipal Act, 2001 provides that a municipality may
delegate its powers and duties under that Act;
AND WHEREAS Section 446 of the Municipal Act, 2001 provides that if a municipality
has the authority under this or any other Act or under a by-law under this or any other
Act to direct or require a person to do a matter or thing, the municipality may also provide
that, in default of it being done by the person directed or required to do it, the matter or
thing shall be done at the person's expense, and allowing the municipality for that
purpose enter upon lands at any reasonable time;
NOW THEREFORE the COUNCIL OF THE CORPORATION OF THE CITY OF ST.
CATHARINES enacts as follows:
PART I - SHORT TITLE
1.
This By-law may be referred to as the "The Vital Services By-law".
PART II - DEFINITIONS
2.
For the purposes of this By-law:
"adequate and suitable heat" means that the minimum temperature of the air in the
accommodation which is available to the tenant or lessee is twenty (20) degrees Celsius
at one and one-half (1.5) metres from above floor level and one (1) metre from exterior
walls in all habitable space and in any area intended for normal use by tenants, including
recreation rooms and laundry rooms but excluding locker rooms and garages;
"adequate and suitable supply of hot water" means a supply of hot water at the ordinary
temperature of at least forty-nine (49) degrees Celsius in a quantity of at least one
hundred sixty-five (165) litres for fifteen (15) minutes with a minimum recovery rate for
the temperature of forty-five (45) litres per hour;
"adequate and suitable supply of water" means a continuous and uninterrupted supply
of potable water of sufficient quantity for normal use of kitchen, laundry and bathroom
facilities;
"By-law" means this By-law;
"City" means The Corporation of the City of St. Catharines;
"Council" means the Council of The Corporation of the City of St. Catharines;
"Director" means the Director of Planning and Building Services, or their designate;
"Landlord" means and includes,
a. the owner of a Rental Unit or any other person who permits occupancy of a
Rental Unit, other than a tenant who occupies a Rental Unit in a residential
complex and permits another person to also occupy the unit or any part of the
unit,
b. the heirs, assigns, personal representatives and successors in title of a person
referred to in clause (a), and
c. a person, other than a tenant lawfully occupying a Rental Unit in a residential
complex, who is entitled to possession of the Rental Unit and who attempts to
enforce any of the rights of a landlord under a tenancy agreement or applicable
legislation, including the right to collect rent;
"Person", or any expression referring to a person, means an individual, sole
proprietorship, partnership, limited partnership, trust or body corporate, or an individual
in his or her capacity as a trustee, executor, administrator or other legal representative;
"Rental Unit" means any living accommodation used or intended for use as rented
residential premises, and "rental unit" includes,
a. a site for a mobile home or site on which there is a land lease home used or
intended for use as rented residential premises, and
b. a room in a boarding house, rooming house or lodging house and a unit in a
care home;
"Vital Service" means hot or cold water, fuel, electricity, gas or heat; and
"Municipal Law Enforcement Officer" means a person employed by the City and
appointed as a Municipal Law Enforcement Officer by the City.
PART Ill - REQUIREMENTS OF LANDLORDS
3.
Every Landlord shall provide Vital Services for Rental Units, as provided for in this
By-law.
4.
Every Landlord shall ensure that:
a.
each Rental Unit is provided with adequate and suitable heat between the
15th day of September in each year and the first day of June of the
following year, or as ordered by the Director of Planning and Building
Services pursuant to Subsection 12 of this By-law;
b.
there is heating equipment or a heating system capable of maintaining
adequate and suitable heat that supplies each Rental Unit;
c.
each Rental Unit is not equipped with auxiliary heating equipment as the
primary source of heat; and
d.
each Rental Unit is provided with an adequate and suitable supply of hot
or cold water, fuel, electricity, and gas.
5.
No Landlord shall cause or allow the discontinuance of a Vital Service to a
Rental Unit, except when it is necessary to safely make repairs or alterations to the
Rental Unit and then only for the minimum period necessary to effect the repair or
alteration.
6.
For the purposes of Subsection 5, a Landlord shall be deemed to have caused
the cessation of a Vital Service for a Rental Unit if the Landlord is obligated to pay the
supplier for the Vital Service and fails to do so, and as a result of the non-payment, the
Vital Service is no longer provided for the Rental Unit.
7.
No Landlord shall advise a supplier of a Vital Service to bill a tenant directly except
where such tenant has expressly assumed the obligation to pay for that service directly
in a tenancy agreement.
8.
No person shall obstruct, hinder, delay or prevent a Municipal Law Enforcement
Officer in the exercise of any power conferred or the performance of any duty imposed
by this By-law.
EXTRAORDINARY CLIMATE CONDITIONS
9.
The Director is hereby delegated the authority to shorten or extend the dates for
the provision of adequate and suitable heat set out in Subsection 4 of this By-law
resulting from extreme variations and deviations from normal climatic conditions.
10.
For the purposes of Subsection 9, the Director will:
a.
commence monitoring environmental conditions no later than two weeks
prior to the 15th day of September in each year and the first day of June
of each year to assess extreme and prolonged heat/cold climatic
conditions;
b.
post and communicate in a coordinated manner an order setting out the
date upon which a Landlord shall comply with the provisions of
Subsection 4(a), on the City of St. Catharines website, no later than one
week prior to the 15th day of September in each year and the first day of
June of each year; and
c.
continue to monitor the environmental conditions and amend the order as
necessary.
PART IV -ADMINISTRATION AND ENFORCEMENT
11.
A Municipal Law Enforcement Officer may, at all reasonable times, enter and
inspect a building or part of a building for the purpose of determining compliance with
the provisions of this Bylaw.
12.
Despite Subsection 11, a Municipal Law Enforcement Officer shall not enter a
Rental Unit,
a.
unless the Municipal Law Enforcement Officer has obtained the consent
of the occupier of the Rental Unit after informing the occupier that he or
she may refuse permission to enter the unit; or
b.
the Municipal Law Enforcement Officer is authorized to do so under the
authority of a warrant duly issued.
13.
The Director is authorized to administer and enforce this By-law, including but not
limited to prescribing the format and content of any forms or other documents
required under this By-law.
14.
A Municipal Law Enforcement Officer may, for the purposes of the inspection
under sections 11:
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 in writing or otherwise as required by the Municipal
Law Enforcement Officer from any person concerning a matter related to
the inspection; or
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.
15.
Any cost incurred by the City in exercising its authority to inspect under Subsection
11, including but not limited to the cost of any examination, test, sample or photograph
necessary for the purposes of the inspection, shall be paid by the owner of the property
where the inspection takes place.
16.
A Municipal Law Enforcement Officer may undertake an inspection pursuant to
an order issued by a provincial judge or justice of the peace under Section 438 of the
Municipal Act, 2001 where he or she has been prevented or is likely to be prevented
from carrying out an inspection under Subsection 12.
17.
If a Municipal Law Enforcement Officer is satisfied that a contravention of this
By-law has occurred, he or she may make an order requiring the person who
contravened the By-law and/or who caused or permitted the contravention and/or the
owner of the property on which the contravention occurred to:
a.
discontinue the contravening activity; and
b.
to do work to correct the contravention;
18.
An order under Subsection 17 shall set out, including but not limited to:
a.
reasonable particulars of the contravention adequate to identify the
contravention and the location of the property on which the contravention
occurred;
b.
the time frame, date, or dates by which there must be compliance with the
order;
c.
the work to be completed; and
d.
the time frame, date, or dates by which the work must be completed.
19.
An order under Subsection 17 may be served personally, by registered mail, or
by email to the last known address or email address of:
a.
the owner of the property where the contravention occurred; and/or
b.
such other persons affected by it as the Municipal Law Enforcement Officer
making the order determines.
20.
Service by registered mail shall be deemed to have taken place five (5) business
days after the date of mailing.
21.
In addition to service given in accordance with Subsection 19, an order made
under Subsection 17 may be served by a Municipal Law Enforcement Officer, placing a
placard containing the order in a conspicuous place on the property where the
contravention occurred.
22.
Where service cannot be affected in accordance with Subsection 19, sufficient
service is deemed to have taken place when given in accordance with Subsection 21.
23.
Where a person does not comply with a direction, an order, or a requirement under
this By-law to do a matter or thing, the Director, with such assistance by others as
may be required, may carry out such direction, order, or requirement at the
owner(s) expense.
24.
The City may recover the costs of doing a matter or thing under section 23 by
adding the costs to the tax roll and collecting them in the same manner as property taxes
and such costs shall include an interest rate of 10 per cent per year commencing on the
day the City incurs the costs and ending on the day the costs, including the interest, are
paid in full.
OFFENCES
25.
Every Person is guilty of an offence if the Person,
a.
hinders, obstructs or interferes with the Director or Municipal Law
Enforcement Officer in the exercise of his or her powers and duties under
this By-law;
b.
prevents a Municipal Law Enforcement Officer from entering land or
premises, refuses to answer questions on matters relevant to the
inspection or provides the Municipal Law Enforcement Officer with
information, on matters relevant to the inspection, that the person knows,
or ought reasonably to know, to be false or misleading;
c.
contravenes any provisions of this By-law; or
d.
refuses or neglects to obey or carry out the order and/or directives of the
Director or a Municipal Law Enforcement Officer given under the authority
of this By-law.
PENALTY,PERSON
26.
A Person convicted of an offence under Subsection 26 is liable to a fine of not
more than $25,000 for a first offence and not more than $50,000 for a subsequent
offence.
SAME, CORPORATION
27.
A corporation convicted of an offence under Subsection 26 is liable to a fine of not
more than $50,000 for a first offence and not more than $100,000 for a subsequent
offence.
OFFENCE, DIRECTOR OR OFFICER OF A CORPORATION
28.
A director or officer of a corporation who knows that the corporation is violating or
has violated a provision of this By-law is guilty of an offence and on conviction is liable to
a fine of not more than $25,000 for a first offence and not more than $50,000 for a
subsequent offence.
OFFENCE, REMOVAL OF POSTED ORDER
29.
Any person who removes a copy of an order or of a notice posted in accordance
with this By-law without the approval of the Director or a Municipal Law Enforcement
Officer is guilty of an offence and on conviction is liable to a fine of not more than $10,000
for a first offence and not more than $25,000 for a subsequent offence.
OFFENCE, FAILURE TO COMPLY WITH ORDER, DIRECTION, OR REQUIREMENT
30.
Every Person who fails to comply with a direction, an order, or a requirement made
under this By-law is guilty of an offence and on conviction is liable to a fine of not more
than $20,000 for every day during which the default continues, and the imposition or
payment of the fine does not relieve the person from complying with the order.
POWER TO RETSRAIN, DISCONTINUE, OR REMEDY
31.
Sections 431 and 440 of the Municipal Act, 2001, S.O. 2001, c. 25, apply to this
By-law, providing respectively that if this By-law is contravened and a conviction is
entered, in addition to any other remedy and to any penalty imposed by this By-law, the
court in which the conviction is entered, and any court of competent jurisdiction
thereafter, may make an order:
a.
prohibiting the continuation or repetition of the offence by the Person
convicted; and
b.
requiring the Person convicted to correct the contravention in the manner
and within the period that the court considers appropriate.
ADMINISTRATIVE PENAL TIES
32.
Administrative Penalties (Non-Parking) By-law 2021-68, as amended, applies to
this By-law. Every Person who contravenes a provision of this By-law designated in
"Schedule B" of the Administrative Penalties (Non-Parking) By-law 2021-68, shall upon
issuance of a Penalty Notice be and is liable to pay to the City of St. Catharines an
administrative penalty in the amount set out in the Administrative Penalties (Non
Parking) By-law 2021-68, as amended.
GENERAL PROVISIONS
33.
All measurements in this By-law are given in the metric short form.
34.
Wherever a word is used in this By-law with its first letter capitalized, the term is
being used as it is defined in Part II of this By-law. Where any word appears in ordinary
case, the commonly applied English language meaning is intended.
35.
Wherever a word defined in Part II of this By-law is used in the form of a noun,
verb, adverb or adjective, it shall be interpreted as having a corresponding defined
meaning even if it is in ordinary case.
36.
All words importing the singular shall include the plural, and words importing the
masculine gender shall include the feminine, and the converse of the foregoing also
applies, unless the context of the By-law requires otherwise.
37.
If a court of competent jurisdiction declares any provision or part of a provision of
this By-law to be invalid or to be of no force and effect, it is the intention of Council in
enacting this By-law that the remainder of this Bylaw shall continue in force and be
applied and enforced in accordance with its terms to the fullest extent possible according
to law.
38.
This By-law shall not apply to a Landlord with respect to a Rental Unit and Vital
Service in connection thereof, to the extent that the tenant has expressly agreed to obtain
and maintain the Vital Service.
ENACTMENT
39.
This By-law comes into force on the date of its passing.
Read and passed this
day of AUG\,lST
2022.
CLERK