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Consolidated to March 20, 2023
BY-LAW NUMBER 130-2022
OF
THE CORPORATION OF THE CITY OF STRATFORD
Being a By-law to license, regulate and govern the provision
of short-term rentals through the City including inns, short-
term rental accommodations, hostels, rooming houses and
boarding houses and short-term rentals, in the City of
Stratford.
WHEREAS section 10(2) of the Municipal Act, 2001, S.O. 2001, c.25, (the "Municipal
Act, 2001"), provides that a municipality may pass By-laws respecting: health safety
and well-being of persons and property, including consumer protection and business
licensing;
AND WHEREAS section 151(1) of the Municipal Act, 2001 provides that, without
limiting sections 9, 10 and 11 of the Municipal Act, 2001, a municipality may provide
for a system of licenses 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 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 of 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;
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 Section 434.1(1) of the Municipal Act, 2001 provides that a
municipality may require a person, subject to such conditions as the municipality
considers appropriate, to pay an administrative penalty if the municipality is satisfied
that the person has failed to comply with a By-law of the municipality passed under
the Municipal Act, 2001;
AND WHEREAS section 429(1) of the Municipal Act, 2001, provides that a
municipality may establish a system of fines for offences under a By-law of the
municipality passed under the Municipal Act, 2001;
Accommodation Licensing By-law
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Consolidated to March 20, 2023
AND WHEREAS the Council of The Corporation of the City of Stratford has deemed
it necessary and expedient to regulate and License Short-Term Rentals;
AND WHEREAS, bed and breakfast establishments, as defined in the City's Zoning
By-law are exempt from the provisions of this Accommodation Licensing By-law and
will continue to be regulated and licensed under the City's Bed and Breakfast
Establishments By-law 180-2004 as amended;
NOW THEREFORE BE IT ENACTED by Council of The Corporation of the City of
Stratford as follows:
1.0
Short Title
1.1.
This By-law may be referred to as the "Accommodation Licensing By
law."
2.0
Definitions
2.1
For the purposes of this By-law the following terms are defined as
follows:
a.
"Administrative Penalty" means an administrative penalty
administered pursuant to the Administrative Penalty Process By
law;
b.
"Administrative Penalty Process By-Law" means a by-law of
The Corporation of the City of Stratford being "A By-Law to Establish
a Process for Administrative Penalties;"
c.
"Agent" means a Person authorized in writing by an Owner to act
on the Owner's or group of Owner's behalf;
d.
"Appeals Committee" means a Committee or Tribunal duly
appointed by by-law to conduct hearings under this By-law;
e.
"Applicable Law" means any statute, rule, requirement, demand,
order, direction, guideline, ordinance, by-law, policy or regulation
of the federal, provincial, municipal government, governmental
authority or agency as may be applicable to the operation of the
Short-Term Rental;
f.
"Applicant" means the person applying for a licence or renewal of
a licence under this by-law and "application" has corresponding
meaning;
g.
"Applicant Information" means fulsome details of a person
applying for or the renewal of a licence under this by-law and such
information shall include their full name, date of birth, municipal
address, telephone number and email address;
h.
"Articles of Incorporation" means documents relating to an
incorporated business pursuant to the Business Corporations Act,
R.S.O. 1990 c.B.16, or the Corporation Act, 1990, c.C.28;
i.
"Building" means a structure occupying an area greater than ten
(10) square metres consisting of a wall, roof, and floor or any of
Accommodation Licensing By-law
2
Consolidated to March 20, 2023
them, or a structural system serving the function thereof, including
plumbing, works, fixtures and services appurtenant thereto;
j.
"City" means The Corporation of the City of Stratford or the lands
within the geographic limits of The Corporation of the City of
Stratford as the context requires;
k.
"Chief Building Official" means the Chief Building Official for the
City, or any Person designated by the Chief Building Official;
l.
"Fire Safety Instructions" means the diagram and instructions
to be placed in the unit that is governed by this By-law clearly
setting out the precautions to be undertaken during a fire
emergency. Fire Safety instructions are to depict graphically the
location of each bedroom, smoke alarm, carbon monoxide alarm,
fire extinguisher, emergency lighting, exit/egress doors or windows;
m.
"Inn" or "Inns" for the purposes of this by-law means a building
used for the purposes of supplying temporary living accommodation
to the travelling and/or vacationing public and containing a
maximum of 5 guest rooms and are not restricted to occupancy by
a person as their principal residence and may include 1 accessory
dwelling unit for the owner or operator of the Inn;
n.
"Inn" see the Comprehensive Zoning By-law.
o.
"Licence" means a licence issued under this By-law;
p.
"Licensee" means any Person, Responsible Person, agent, Owner
or Operator applying for a Licence or Licences under the provisions
of this By-law;
q.
"Officer" means a peace officer, Municipal Law Enforcement
Officer, the Fire Chief or their designate, Chief Building Official or
their designate, or other Person appointed by By-law to enforce the
provisions of this By-law;
r.
"Operator" means any person (owner or tenant) who operates a
Short-Term Rental;
s.
"Owner" means the registered owner of the lands or Premise or
their authorized agent that is in lawful control of the lands or
Premise;
t.
"Person" means an Individual, Owner, firm, proprietorship,
partnership, association, syndicate, trust, corporation, department,
bureau, agency, or other entity;
u.
"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 a resident;
v.
"Property" means any land or Property where the Short-term
Rental is located that is within the jurisdiction of the City;
Accommodation Licensing By-law
3
Consolidated to March 20, 2023
w.
"Provincial Offences Act" means the Provincial Offences Act,
R.S.O. 1990, c.P. 33, and all regulations thereto, as may be
amended from time to time, or any successor thereof;
x.
"Responsible Person" means the Owner, Operator, or an agent
assigned by the Owner or Licensee of the Short-term Rental
dwelling to ensure that the Short-term Rental is operated in
accordance with the provisions of this By-law, the Licences, and
Applicable Law;
y.
"Short-Term Guest Room" means for the purposes of this
Accommodation Licensing By-law an Accessory Guest Room as
defined in the City of Stratford Zoning By-law;
z.
"Short-term Rental" means a short-term rental accommodation,
hostel, rooming house, boarding house as defined in the City's
Comprehensive Zoning By-law as may be amended and/or replaced
from time to time and shall also include Inns, and any other Short-
term Guest Rooms that provide accommodation for a period of no
more 28 consecutive days, except bed and breakfast establishments
as defined in the City's Comprehensive Zoning By-law;
aa. "Short-Term Rental Accommodation" see the Comprehensive
Zoning By-law.
bb. "Zoning By-law" means the City's Zoning By-law 10-2022, as
amended from time to time, or any successor thereof;
3.0
Short-term Rental Licence Required
3.1
No person shall carry on, or intend to carry on, any trade, business or
occupation of a Short-term Rental for which a licence is required under
this By-law unless that Person has first obtained a Licence as required
under the terms and conditions of this By-law.
3.2
No person shall operate or permit to operate a Short-term Rental in a
dwelling utilizing more rooms than is permitted by the City and as set
out on the Licence issued by the City under the provisions of this By
law for the Short-term Rental establishment.
3.3
No Person shall rent, or communicate with anyone to rent, a Short-term
Rental that Is not licensed pursuant to the provisions of this By-law.
3.4
No Person shall advertise, promote, broker, or offer for rent or lease
any short-term Rental without a valid Licence under this By-law.
3.5
Short-term Rentals shall at all times be required to comply with all
Applicable Laws.
3.6
A Short-term Rental may display signage in compliance with the City's
Sign By-law.
Accommodation Licensing By-law
4
Consolidated to March 20, 2023
4.0
Application for a Short-term Rental Licence Not Required
4.1
A Short-term Rental licence is not required for a motel or hotel as
defined in the Zoning By-law.
4.2
A Short-term Rental licence is not required for a bed and breakfast
establishment provided such establishments as defined in the Zoning
By-law have obtained a licence under the provisions of the City's By-law
180-2004 as amended.
5.0
Application for a Short-term Rental Licence
5.1
Any Person seeking to obtain a new Licence shall submit a complete
application to the Officer on the forms or in the manner prescribed by
the Officer.
5.2
Any Person seeking to obtain or renew a Licence shall apply to the City
for the Accommodation Licence on an annual basis on or before April
30th.
5.3
No Application shall be accepted for a licence if the Applicants are
under the age of 18 years.
5.4
Every Applicant for a Licence shall submit, to the satisfaction of the
Officer, the following information:
a.
Payment of the required licence fee, as set out in the City's Fees
and Charges By-law, as amended from time to time;
b.
The fully and correctly completed Short-term Rental application
form;
c.
The registered Owner and contact information;
d.
The Owner, and if applicable, Agent (alternative) person and related
contact information;
e.
A floor plan of the Short-term Rental Property clearly indicating the
location and number of Short-term Guest Rooms, the proposed total
occupancy limit, and for each room Short-term Guest Room,
accompanying photographs, its dimensions, a description of its
proposed use and the proposed number of beds;
f.
A Parking Management Plan that complies with the Zoning By-law;
g.
A Fire Safety Protocol;
h.
An Electrical System Safety Assessment from a Licensed Electrical
Contractor dated within 12 months of the date of the application
indicating the Property and that its proposed use complies with the
Electrical Safety Code;
i.
A Fire Safety Checklist as set out in Schedule "A" to this By-law and
photographs confirming the location of smoke and carbon monoxide
alarms;
Accommodation Licensing By-law
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Consolidated to March 20, 2023
j.
An inspection approved by the City's Fire Chief or designate dated
within the previous year stating that the property is in compliance
with the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4,
as amended, and its regulations and shall include a statement of
the maximum occupancy permitted;
k.
A certificate of insurance confirming that the Applicant has in place,
at the time of the Application, general liability insurance of not less
than Two Million Dollars ($2,000,000), or such other amount as
determined by the City from time to time as approved by Council,
and confirmation that the Applicant's insurance policy contains
coverage for damage from fire and does not prevent the Applicant
from using the Property as a Short-term Rental, the Applicant's
insurance is cancellable by the Applicant's insurer on nor more than
60 calendar days' prior notice, and/or any other such coverage as
may be recommended by the City's insurer for the period covered
by the licence;
l.
Identification of adequate measures for the storage and disposal of
waste/recycling and organics in accordance with this By-law;
m.
Confirmation of sufficient levels of lighting to facilitate the safe
passage of occupants;
n.
Identify and maintain a self-enclosed structure or container for the
disposal of garbage and waste that is readily accessible to utilizing
the Short-term Rental;
o.
Any other information required under this By-law.
5.5
The Officer shall not accept any application for a Short-term Rental
until all of the requirements relating to the Application, as set out in
this By-law, have been met.
5.6
The Licensee shall be responsible for informing the City in writing of
any changes to the approved information contained in the Licence
Application or any deviation to the approved plans within seven (7)
calendar days of such change or deviation. Nothing in this By-law
allows a Licensee to rent any room other than those identified and
approved on the floor plans submitted with the Application for a
Licence unless prior approval in writing is obtained from the City.
5.7
The Application fee is non-refundable regardless of the ultimate
disposition of the Licence Application.
5.8
The submission of an Application for a Licence, including the applicable
fee(s) does not entitle the Applicant to carry on, or intend to carry on a
Short-term Rental. The Applicant is only entitled to carry on the Short-
term Rental once the Licence has been issued under the provisions of
this By-law.
6.0
Application for Renewal of a Short-term Licence
6.1
Every application for the renewal of a licence under this By-law, shall
be made in a form satisfactory to the Officer and shall include:
Accommodation Licensing By-law
6
Consolidated to March 20, 2023
a.
The fully and correctly completed renewal application form, if
applicable;
b.
The application renewal fee as set out in the City's Fees and Charges
By-law, as amended from time to time;
c.
In the event there are any changes to the floor plan, site plan,
Parking Management Plan, or Fire Safety Protocol submitted with
the original Application, the Applicant shall submit a revised floor
plan, site plan, Parking Management Plan, and Fire Safety Protocol;
d.
If any changes have been made to the power supply or electrical
wiring of the Property, an Electrical System Safety Assessment from
a Licensed Electrical Contractor dated within 12 months of the date
of the renewal application confirming that the Property and its
proposed use complies with the Electrical Safety Code;
e.
Any other information required pursuant to this By-law.
6.2
A Short-term Rental Licence that is not renewed prior to the expiration
date is no longer valid.
6.3
Subject to written approval from the Licencing Officer and a payment of
a transfer processing fee as prescribed in the Fees and Charges By-law
a licence issued under this By-law may be transferred to a new owner
of the same property, for the same number of rooms and without any
changes to the property, within the same year in which the licence is
issued.
6.4
The Application for Renewal fee is non-refundable regardless of the
ultimate disposition of the Licence Application.
7.0
Inspections
7.1
Upon receipt of a complete Application as set out in the By-law, and all
accompanying documentation in addition to the required fees, the City
shall schedule an inspection of the Short-term Rental property at a
reasonable time.
7.2
Upon any change identified in the Renewal Application the City may
conduct an inspection following the submission of the Renewal
Application in addition to the required fees in its discretion acting
reasonably.
7.3
A Licence issued under this By-law is valid for a period of one (1) year,
unless revoked prior to the one (1) year period coming to an end.
8.0
Review of the Licence Application or Renewal Application
8.1
The Officer in their discretion may reject a Licence Application or a
Renewal Application where any of the documents required by this By
law have either not been filed or a deemed to be incomplete.
8.2
As part of the City's review of the Application or Renewal Application
(collectively the "Applications") the Applications may be circulated to
those agencies deemed appropriate or necessary or relevant by the
Accommodation Licensing By-law
7
Consolidated to March 20, 2023
Officer.
8.3
A person is not eligible to hold a licence if the proposed use of the land,
building or structure is not permitted by the Zoning By-law that applies
to the Property.
9.0
Issuance of Short-term Rental Licence
9.1
The City shall identify the Officer or Officers that are authorized to issue
and renew Short-term Rental Licences in accordance with this By-law.
9.2
All Licences issued and renewed shall be signed by the Officer.
9.3
In the event a legal non-conforming Short-term Rental ceases to
operate for a period of one year, a licence will no longer be issued for
the legal non-conforming use.
9.4
The Licensee, upon issuance of a Licence and thereafter shall comply
with all applicable provisions of this By-law.
10.0 Licence Conditions
10.1 The following conditions are attached to each Licence issued under this
By-law:
a.
The Short-term Rental must be lawfully constructed;
b.
When the premise is occupied for the purposes of a Short-term
Rental, a legible copy of the Licence shall be posted in a conspicuous
location within one (1) metre of the interior of the Short-term
Rental's primary residence;
c.
A Licensee shall notify the Officer in writing within fifteen (15)
calendar days of any change to any information provided to the City
under the provisions of this By-law;
d.
The Licensee shall ensure compliance with all Applicable Laws
including but not limited to the: Fire Protection and Prevention Act;
Building Code Act, Electrical Safety Code; Health Protection and
Promotion Act; Zoning By-law; Open Air Fire By-law; Property
Standards By-law; Noise By-law; Sign By-law;
e.
At any time when the Property is occupied for the purposes of a
Short-term Rental the Licensee shall ensure that no vehicle is
stopped or parked on any part of the Short-term Rental Property
save and except for a parking space as identified on the Parking
Management Plan filed pursuant to the provisions of this By-law;
f.
A copy of the floor plan contained within the Fire Safety Protocol
shall be posted in a conspicuous location within one (1) metre of
the interior of the Short-term Rental's primary entrance;
Accommodation Licensing By-law
8
Consolidated to March 20, 2023
g.
The Licensee shall allow, at any reasonable time and in accordance
with Applicable Law, the City to inspect the Short-term Rental
Property to ensure compliance with this By-law;
h.
The Licensee shall include the Licence number in any advertisement
or promotion related to the renting out of the Property intended to
be used as a Short-term Rental;
i.
The Licensee shall ensure that the Licensee or their Agent is
available to attend the Short-term Rental Property at all times within
a period of no greater than thirty (30) minutes from the time of
contact by way of telephone or email in the event of an emergency
or exigent circumstances;
j.
The Licensee shall provide to the City an updated certificate of
insurance as required by this By-law prior to the expiry of the
current certificate of insurance;
k.
Where a Licensee is dissatisfied with any condition imposed by the
Officer, the Licensee may request a review of the condition by the
Appeal Tribunal.
11.0 Refusal to Issue or Renew a Short-term Rental Licence
11.1 The Officer may refuse to issue or renew a Licence:
a.
If all inspections required pursuant to this By-law have either not
been completed or have not passed;
b.
Where the conduct of the Applicant or Licensee including the
conduct of any officer, director, employee or Agent of an Applicant
or Licensee affords reasonable cause to believe that the Applicant
or Licensee will not carry on or operate the Short-term Rental in
accordance with all Applicable Laws;
c.
The Applicant or Licensee owes any fine or fee or property taxes to
the City in respect of the Short-term Rental Property;
d.
The Short-term Rental is subject to an order, or orders made
pursuant to the following including but not limited to: a City By-law;
the Building Code Act; the Fire Protection and Prevention Act; the
Medical Officer of Health; and any other Applicable Law;
e.
The Short-term Rental Property does not comply with the City's
Zoning By-law;
f.
The Officer has received an objection to the issuance of the Licence
by the Chief Building Official and/or the Fire Chief;
g.
A Licence pursuant to this By-law has been revoked or suspended
within the last two (2) years;
Accommodation Licensing By-law
9
Consolidated to March 20, 2023
h.
The Applicant or Licensee has prior convictions under this By-law,
or any other By-law, or any Applicable Law within the last five (5)
years;
i.
Where there is a Court Order, or any other federal or provincial
order ceasing or hindering the activity of the Short-term Rental.
12.0 Revocation or Suspension of a Short-term Rental Licence
12.1 The Officer has the power and authority to revoke or suspend a Licence
at any time where:
a.
The Licensee meets the circumstances set out in section 10.0
above;
b.
There are reasonable grounds to believe that an Application or any
other document or information provided on behalf of the Licensee
contains a false statement and/or false information;
c.
The Licence was issued in error;
d.
The Officer becomes aware of a fact or facts that, if known at the
time of the Application, may have resulted in the Officer refusing
to issue the Licence.
12.2 A License issued under this By-law shall remain in effect until a decision
to revoke or suspend the Licence has been made by the Officer or,
where any appeal has been filed, the Appeal Tribunal.
13.0 Changes in Information
13.1 Where, at any time, there is a change in, or relating to, any of the
information or documents required to be filed with the City under this
By-law, the Applicant or Licensee, as the case may be, shall report the
change in writing to the Officer no later than fifteen (15) calendar days
following the change.
14.0 Term of the Short-term Rental Licence
14.1 Every Licence shall be in effect from the date of issuance as shown on
the Licence:
a.
For a one-year period starting April 1 for a calendar year to which
it applies, expiring on March 31st, of the following calendar year; or
b.
Where the Application for a Licence is received after April 1 and
prior to the 2nd Monday in December of any calendar year, for the
remainder of such calendar year, expiring on March 31st of the
following calendar year; or
c.
Where the application for a Licence is received on or after the 2nd
Monday in December but prior to March 31st in the following
Accommodation Licensing By-law
10
Consolidated to March 20, 2023
calendar year, for the whole of the following calendar year, expiring
on March 31st of the following calendar year.
14.2 Every Licence shall be renewed no later than its date of expiry. Any
License which is not renewed shall become null and void.
14.3 Every Licence shall immediately cease to be valid in the event the
Short-term Rental ceases to operate.
15.0 Duplicate or Replacement Short-term Rental Licence
15.1 In the event that a Licence is issued in accordance with this By-law is
lost or destroyed, the Officer upon written request by the Applicant or
Licensee, and payment of a replacement fee as set out in the City's
Fees and Charges By-law, shall issue a duplicate of the original Licence,
upon which shall be stamped or marked "duplicate."
15.2 The issuance of a duplicate Licence in accordance with section 14.1
above shall not affect the expiry date of the Licence.
16.0 Alterations Prohibited
16.1 No person shall alter or deface a Licence in any way.
16.2 Every Licensee shall ensure that the Licence is not altered or defaced in
any way.
17.0 Compliance with all Applicable Laws
17.1 The issuance of a Licence under the provisions of this By-law in no way
and does not permit or condone the violation of any by-law, statute,
order, or regulation in effect in the City, the Province of Ontario, or the
Federal Government of Canada and it shall be the sole responsibility of
the Licensee to ensure that such Applicable Laws is complied with at all
times.
18.0 Appeals Procedure
18.1 Where the Officer refuses to issue or renew a Licence or where the
Officer elects to suspend or revoke a Licence:
a.
The Officer shall send written notification advising the Applicant or
Licensee of the refusal, suspension, or revocation of the Licence;
b.
The written notification of the Officer shall be sent by registered
mail or e-mail to the Applicant or Licensee at the address of the
Applicant or Licensee provided on the Application, or where a
change of information has been provided by the Applicant or
Licensee regarding address, at the address reflecting that change
in information;
c.
The written notification by the Officer shall:
Accommodation Licensing By-law
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Consolidated to March 20, 2023
i.
Set out the grounds for the refusal, suspension, or
revocation;
ii.
Sign the written notification;
iii.
Indicate the final date and time by which the Applicant or
Licensee may appeal the decision of the Officer to suspend,
revoke, refuse to issue or renew the Licence, and the method
for doing so, as set out in this By-law; and,
iv.
Indicate the hearing of appeals fee, as set out in the City's
Fees and Charges By-law, as amended from time to time;
and
d.
The Applicant or Licensee may appeal the decision of the Officer to
suspend, revoke or refuse to issue or renew the Licence, by filing a
written request with the City Clerk, which request must set out the
grounds or basis for the request, and must be received in the Clerks
Department no later than 4:00 pm on the fourteenth (14th) calendar
day from the date on the notice is deemed received by the Applicant
or Licensee. Such notice shall be deemed received five (5) business
days after it has been mailed or on the following business day after
it has been emailed;
e.
The Applicant or Licensee shall have no right to appeal the decision
of the Officer to suspend, revoke, or refuse to issue or renew the
Licence as a result of a Fire Code or Building Code violations. Such
appeal of the Fire Code or Building Code violations are subject to
the appeal rights as set out in the Building Code Act and/or the Fire
Protection and Promotion Act.
18.2 If no written request for an appeal is received from the Applicant or
Licensee prior to the deadline for filing such appeal:
a.
no extension of the time to request an appeal or hearing will be
granted; and,
b.
the decision of the Officer shall be final.
18.3 The fee payable by the Owner or Licensee for the hearing shall be set
out in the City's Fees and Charges By-law, as amended.
19.0 Hearing of Appeals
19.1 Upon receipt of a written request for a hearing and the required fee for
the hearing received from the Applicant or Licensee, in accordance with
the terms and conditions of this By-law the Appeal Committee shall:
a.
fix a date and time for such matter to be heard by the Appeal
Committee within a period of sixty (60) days of receipt of the
appeal; and,
Accommodation Licensing By-law
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Consolidated to March 20, 2023
b.
send by registered mail or hand delivery or email the notice of
hearing which shall include the date, time, and location of the
hearing, at least fifteen (15) prior to the date and time fixed for
such hearing, to the Applicant or Licensee, the Officer or any other
Period who has requested such notification in writing from the
Appeal Tribunal.
20.0 Hearing Procedure
20.1 The following procedure shall be followed for appeals relating to the
refusing, suspending, or revoking of any Licence under this By-law:
a.
The Appeal Committee or its designate shall circulate copies of all
reports from any Persons who may be involved in the matter, 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, shall be afforded an opportunity to present such
material and evidence relevant to the issue before the Appeal
Committee, and may ask any questions of any Person presenting
evidence, relating to the evidence presented;
c.
The Officer of the City either through its legal counsel or
representative shall be afforded an opportunity to present such
material and evidence relevant to the issue before the Appeal
Committee, and may ask any questions of any Person presenting
evidence, relating to the evidence presented;
d.
The Appeal 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 issue before the
Appeal Committee;
e.
The provisions of the Statutory Powers Procedure Act, R.S.O. 1990.
c.S. 22, as amended, or any successor thereof, shall apply to all
hearings, conducted by the Appeal 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.
20.2 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 Appeal Committee may proceed with the hearing in
absence of the Applicant or Licensee and if so, the Applicant or
Licensee shall not be entitled to any further proceeding or further
notice of proceedings.
20.3 At the conclusion of a hearing, the Appeal Committee may give its
decision orally or reserve its decision, but in any case the Appeal
Committee or its designate shall provide its decision in writing and shall
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Consolidated to March 20, 2023
set out the reasons for the decision, within thirty (30) days of the
hearing to the Applicant or Licensee and the Officer.
20.4 The Appeal Committee, in making its decision, may uphold or vary the
decision of the Officer, or impose conditions, including special
conditions as a requirement of continuing to hold a License.
20.5 The decision of the Appeal Committee issued under this By-law is final.
21.0 Enforcement
21.1 The provisions of this By-law may be enforced by an Officer, or other
authorized or designated employee or agent of the City.
21.2 No Person shall obstruct or hinder or attempt to obstruct or hinder an
Officer or other authorized employee or agent of the City in the
exercise of a power or the performance of a duty under this By-law.
21.3 Subject to the provisions set out below, every Officer shall have the
right to enter lands to conduct an inspection to determine whether the
provisions of this By-law and any order(s) issued hereunder are being
complied with in accordance with the provisions of Sections 435 and
436 of the Municipal Act.
21.4 Where an Officer has reasonable grounds to believe that an offence
under this By-law has been committed by a Person, the Officer may
require the name, address, and proof of identity of that Person.
21.5 Failure to provide proof of identification satisfactory to an Officer when
requested to do so pursuant to the provisions of this By-law shall
constitute obstruction of an Officer under this By-law.
21.6 No Person exercising a power of entry on behalf of the City shall enter
or remain in any room or place actually being used as a Short-term
Rental unless such power of entry is in compliance with Applicable Law.
21.7 Where the City has given prior notification of its intention to enter to
the occupier of the land as required by Section 435 of the Municipal
Act, 2001 and the entry is authorized under sections 79, 80 or 446 of
the Municipal Act, 2001.
22.0 Orders
22.1 In the event that the City's designate and/or an Officer determines that
a Person has contravened any provision of this By-law, an Order may
be made requiring the Person who contravened the By-law or who
caused or permitted the contravention, to discontinue the contravening
activity and take any reasonable steps to correct the contravention.
22.2 No person shall fail to comply with an Order issued pursuant to the
provisions off this By-law.
22.3 An order issued pursuant to the provisions of this By-law shall set out:
Accommodation Licensing By-law
14
Consolidated to March 20, 2023
a.
reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the
contravention occurred; and
b.
the steps that must be taken to correct the contravention and the
date by which there must be compliance with the order.
22.4 If a Person fails to do a matter or thing as directed or required by this
By-law, including failing to comply with an order issued under this By
law, the City may do the matter or thing at the Person's sole costs and
expense. The City may recover the costs of doing a matter or thing
from the Person directed or required to do it by action or by adding the
costs to the Person's tax roll and collecting them in the same manner
as and like property taxes.
23.0 Offence and Penalty Provisions
23.1 Every Person who contravenes any provision of this By-law, including
any Schedule hereto, is guilty of an offence;
23.2 Every Person, director or officer of a corporation who knowingly is
involved in or aware of the contravention by the corporation of any
provision of this By-law, including any Schedule hereto, is guilty of an
offence.
23.3 Every offence under this By-law is designated as a continuing offence.
23.4 An Officer who finds that a Person has contravened a provision of this
By-law may issue a penalty notice pursuant to the City's Administrative
Penalty By-law. Administrative Penalty By-law applies to each
administrative penalty issued pursuant to this By-law.
23.5 Notwithstanding section 22.2 above, every Person who contravenes any
provision of this By-law is guilty of an offence as provided for in the
Provincial Offences Act, R.S.O. 1990, c. P. 33, and all such offences are
designated as continuing offences.
23.6 Every Operator, officer or director of a corporation who knowingly
concurs in the contravention of any provision of this By-law or the
failure to comply with an order issued under this By-law is guilty of an
offence as provided in the Provincial Offences Act, R.S.O. 1990, c. P. 33
and all such offences are designated as continuing offences.
23.7 Upon conviction, every Person, and every officer or director of a
corporation that contravenes any provision of this By-law is liable, for
each day or part of a day that the offence continues, to a fine not
exceeding $25,000 for a first offence and $50,000 for any subsequent
offence.
23.8 Where a corporation is convicted of an offence under this By-law the
maximum penalty is $50,000 for a first offence and $100,000 for any
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15
Consolidated to March 20, 2023
subsequent offence.
23.9 As provided in section 431 of the Municipal Act, 2001, if a Person has
been convicted of an offence under this By-law, the Ontario Court of
Justice or any Court of competent jurisdiction may, in addition to any
penalty imposed on the Person convicted, issue an order:
a.
prohibiting the continuation 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.
23.10
If a Person is required to pay an Administrative Penalty under the
provisions of this By-law, the Person shall not be charged with an
offence in respect of the same contravention.
23.11
In accordance with the provisions of the Municipal Act, 2001, the
treasurer of the City may add unpaid fees, charges, and fines under
this By-law to the tax roll and collect them in the same and a like
manner as property taxes.
23.12
The terms used in this By-law shall have the same definition as set
out in the City's Comprehensive Zoning By-law unless such term is
specifically defined in this By-law.
23.13
Pursuant to section 447 of the Municipal Act, 2001, where an owner
is convicted of knowingly carrying on or engaging in the business of
operating a Short-term Rental in respect of any Property or any part
of any Property without a License required by this By-law, or a
person is convicted of any other contravention of this By-law and a
court determines that the owner or occupant of the Property or part
of the Property in respect of which the conviction was made knew or
ought to have known of the conduct which formed the subject-
matter of the conviction or of any pattern of similar conduct, the
court may order that the Property or part of the Property be closed
to any use for a period not exceeding two (2) years.
24.0 Conflict and Severability
24.1 If any portion of this By-law of the City is found to be in conflict with
any other provision of any building, fire, safety or other By-law of the
City or regulations, the provision which establishes the higher standard
shall prevail.
24.2 If a court of competent jurisdiction declares any provision or any 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 each
and every provision of this By-law authorized by law be applied and
enforced in accordance with its terms to the extent possible according
to law.
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Consolidated to March 20, 2023
25.0 Schedule
25.1 The Schedules attached hereto forms part of this By-law.
26.0 Effective Date
26.1 This By-law comes into effect on January 1, 2023.
Read a FIRST, SECOND and THIRD TIME and
FINALLY PASSED this 11th day of October, 2022.
___"Daniel B. Mathieson"___________
Mayor - Daniel B. Mathieson
____"Tatiana Dafoe"_______________
Clerk - Tatiana Dafoe
Accommodation Licensing By-law
17
Consolidated to March 20, 2023
This is Schedule "A" to By-law 130-2022
of
The Corporation of the City of Stratford
Fire Department Checklists
Accommodation Licensing By-law
18
Every Week Fire Prevention Week
Fire Department
CITY of STRATFORD
388 Erie Street
Stratford, ON N5A 2N4
519-271-3212
Fax: 519-271-9511
TTY: 519-271-5241
www.stratford.ca
Short-Term Rental: Inns
As the owner/operator of a Short-Term Rental, it is not only important that you consider the safety of your
guests, but it is also your legal responsibility as required by the Ontario Fire Code, O. Reg 213/07, as
amended. Whether you rent out a room, a suite, or an entire home, you are considered a landlord, and with
that title comes a great deal of responsibility described within the Ontario Fire Code and Accommodation
Licensing By-law 130-2022. This checklist has been created to help owners understand their legal obligations
when owning and operating a Short-Term Rental in compliance with the Stratford Fire Departments
requirements.
Inn Checklist
2 Bedroom
(4 Guest)
3 Bedroom
(6 Guest)
4 Bedroom
(8 Guest)
5 Bedroom
(10 Guest)
Smoke/CO Detectors
Fire
Extinguishers
Exit Plan
Elevator Cert.
(if applicable)
Door Closures
N/A
Furnace Room
N/A
Emergency Lighting
N/A
Compliance
(Y/N)
Name of Recipient:
Signature:
Date:
Inspector:
Signature:
Date:
Fire officials do not have the authority to grant you an extension of time to correct any violations. The violations
must be corrected forthwith. Make
Every Week Fire Prevention Week
Fire Department
CITY of STRATFORD
388 Erie Street
Stratford, ON N5A 2N4
519-271-3212
Fax: 519-271-9511
TTY: 519-271-5241
www.stratford.ca
Short-Term Rental
As the owner/operator of a Short-Term Rental, it is not only important that you consider the safety of your
guests, but it is also your legal responsibility as required by the Ontario Fire Code, O. Reg 213/07, as
amended. Whether you rent out a room, a suite, or an entire home, you are considered a landlord, and with
that title comes a great deal of responsibility described within the Ontario Fire Code and Accommodation
Licensing By-law 130-2022. This checklist has been created to help owners understand their legal obligations
when owning and operating a Short-Term Rental in compliance with the Stratford Fire Departments
requirements.
Short Term Rental
Compliance
Non-Compliance
Notes
Smoke/CO
Detectors
Fire
Extinguishers
Exit Plan
Elevator Cert.
(if applicable)
Ontario Fire Code: SECTION 1.2 COMPLIANCE
Owner's responsibility
1.2.1.1. Unless otherwise specified, the owner is responsible for carrying out the provisions of this Code.
Name of Recipient:
Signature:
Date:
Inspector:
Signature:
Date:
Fire officials do not have the authority to grant you an extension of time to correct any violations. The violations
must be corrected forthwith. Make