The Blue Mountains, Ontario
· No. 2021-70
· adopted 2021-08-23
· summary & facts
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The Corporation of the Town of The Blue Mountains
By-Law Number 2021-10
Being a By-law to Regulate and License Businesses in the Town of The Blue Mountains
Whereas Section 8 of the Municipal Act, 2001, 5.0. 2001, c.25, as amended hereinafter referred
to as the "Municipal Act" provides that a municipality has the capacity, rights, powers, and
privileges of a natural Person for the purpose of exercising the authority under the Act;
And Whereas Section 8 (3) of the Municipal Act, authorizes a municipality to provide for a
system of Licenses;
And Whereas Section 9 of the Municipal Act, provides that Section 8 and Section 11 shall be
interpreted broadly so as to confer broad authority on municipalities to:
a) enable municipalities to govern their affairs as they consider appropriate; and
b) enhance their ability to respond to municipal issues;
And Whereas Section 11 (2), paragraph 6 of the Municipal Act, authorizes a municipality to pass
a By-law respecting the health, safety, and well-being of Persons;
And Whereas Section 151 of the Municipal Act, provides that 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 License;
b) refuse to grant a License or to revoke or suspend a License;
c) impose conditions as a requirement of obtaining, continuing to hold or renewing
a License;
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
License;
e) impose conditions, including special conditions, as a requirement of continuing
to hold a License at any time during the term of the License; 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 Section 434.1 of the Municipal Act, provides that a municipality may require a
Person to pay an Administrative Monetary 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;
And Whereas Section 23.1 of the Municipal Act, authorizes a municipality to delegate its
powers and duties;
And Whereas the Council of the Corporation of the Town of The Blue Mountains has deemed it
necessary and expedient to regulate and License the Short-Term Rental of Property in the Town
of The Blue Mountains;
And Whereas the Town of The Blue Mountains has implemented a system to License the
operation of Short Rental Properties in the Town of The Blue Mountains;
And Whereas the Town of The Blue Mountains wishes to continue the licensing of Short-Term
Rental Properties within the context of a much broader licensing framework;
Now Therefore the Council of the Corporation of the Town of The Blue Mountains enacts as
follows:
1.0 Definitions
In this By-law:
"Administrative Monetary Penalty" means a monetary penalty imposed for a contravention of
this By-law and as set out in By-law 2021-1I, as amended;
"Agent" means a Person authorized in writing by an Owner to act on the Owner's or group of
Owner's behalf;
"Applicant" means a Person who files an application for a License;
"Building" means a structure occupying an area greater than 10 square metres consisting of a
wall, roof, and floor or any of them, or a structural system serving the function thereof,
including all plumbing, works, fixtures and services system appurtenant thereto;
"Chief Administrative Officer" means the Chief Administrative Officer for the Town or any
Person designated by the Chief Administrative Officer;
"Clerk" means the Clerk for the Town or any Person designated by the Clerk;
"Council" means Council for the Town;
"Director of Community Services" means the Director of Community Services for the Town or
any Person designated by the Director of Community Services or any Person designated by the
Chief Administrative Officer;
"Director of Finance and IT Services" means the Director of Finance and IT Services and
Treasurer for the Town or any Person designated by the Director of Finance and IT Services or
any Person designated by the Chief Administrative Officer;
"Director of Legal Services" means the Director of Legal Services and the Town Solicitor for the
Town or any Person designated by the Director of Legal Services or any Person designated by
the Chief Administrative Officer;
"Director of Operations" means the Director of Operations for the Town or any Person
designated by the Director of Operations or any Person designated by the Chief Administrative
Officer;
"Director of Planning and Development Services" means the Director of Planning and
Development Services for the Town or any Person designated by the Director of Planning and
Development Services or any Person designated by the Chief Administrative Officer;
"Exception Area" means a specific area of the Town as designated in Town's Zoning By-law
where Short Term Rental Units are considered a permitted use;
"Fire Chief" means the Fire Chief for the Town or any Person designated by the Fire Chief;
"Fit for Duty" means the condition of a Person who has been designated to respond and that is
able to respond not under the influence of any legal or illegal drug, alcohol, or medication that
will hinder response and resolution performance or compromise their safety or the safety of
others;
"License" means a License issued by the Town pursuant to this By-law;
"License Issuer" means a Town employee delegated authority by Council as the Person
responsible for issuing a license;
"License Number" means a number assigned to a license by the Town;
"Licensee" means a Person issued a current valid license pursuant to this By-law;
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"Nuisance" means an activity or behavior that when consistent or repetitive causes a material
inconvenience, discomfort, or damage to others, either to individuals and/or to the general
public;
"Officer" means a police officer, Municipal Law Enforcement Officer, the Fire Chief, Chief
Building Official, or other Persqn appointed by By-law to enforce the provisions of this By-law;
"Owner" means the registered owner of the lands or Premise or his or her authorized agent
that is in lawful control of the lands or Premise;
"Parking Management Plan" means a plan completed by the property owner, a licensed
professional engineer, architect, landscape architect, professional planner, surveyor,
draftsperson, or equivalent, which shall include:
a) the scale of the drawings in metres;
b) the area that is designated for the parking of vehicles;
c) the size of each parking space;
d) the location of all driveways and access to the Premises; and,
e) the lot lines of the Premises, including dimensions of the Premises.
"Person" includes an individual, sole proprietorship, partnership, limited partnership, trust,
corporation, and an individual in his or her capacity as a trustee, executor, administrator, or
other legal representative;
"Premises" means land, Property or any part thereof including any and all Buildings or other
structures thereon;
"Principal Residence" means a Person's permanent lodging place to which, whenever absent
he or she intends to return;
"Renter" means the Person responsible for the rental of the Premise by way of concession,
permit, License, rental agreement or similar commercial arrangement;
"Rental or Lease Management Company" means any person who accepts, facilitates, manages,
brokers requests for, advertises, or offers Short-Term Accommodations for compensation or a
fee through a website or other platform
"Town" means The Corporation ofThe Town of The Blue Mountains or the land within the
geographic limits of the Corporation of The Town of The Blue Mountains as the context requires
"Zoning By-law" means any By-law administered by the Town passed pursuant to Section 34 of
the Planning Act or a successor thereof, as may be amended from time to time.
2.0
Application and General
2.1 This By-law shall apply throughout the whole of the Town.
2.2
This By-law may be referred to as the "Licensing By-law".
2.3
No Person shall own, operate, or carry on a business or activity identified in this By-law at
Schedule A hereto other than in accordance with the terms and conditions of a License
issued pursuant to the terms and conditions of this By-law.
2.4
No Person shall advertise, promote, broker, or offer for rent or lease any business or
activity identified in this By-law without a current valid License and no Owner shall permit
any of the foregoing without a current valid License.
2.5
No Person shall alter or modify or permit the alteration or modification of a License.
2.6
No Person shall use, or attempt to use, a License issued to another Person or Property.
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2.7
No Person shall own, operate, or carry on any business or activity in any other name other
than in the name that appears on the License.
2.8
Every Person who knowingly makes a false statement in an application, declaration,
affidavit or paper writing required by this By-law or the Town is guilty of an offence.
2.9
No Person who is issued a License pursuant to this By-law shall contravene any provision
set out in this By-law, any other municipal By-law, federal or provincial Act, Statute, or any
other legislation applicable to a licensed Premise or Activity.
2.10 No Person shall remove an order or placard posted on a Premise under this By-law, except
an Officer.
2.11 No Person shall own, operate, or carry on a business or activity while a License is under an
administrative suspension.
2.12 No Person shall cause or permit to be caused a Nuisance on a Premises.
2.13 Transition
a) This Section applies to Licenses issued under By-law 2013-50 & 2014-45
("Existing License")
b) Upon the coming into force of this By-law, any Existing License shall be continued
under, and subject to this By-law on the following terms:
i. Any Existing License issued to a Premises within the Exception Area shall
be continued as a Type A License
ii. Any Existing License issued to a Premises outside the Exception Area shall
be continued as a Type B License
iii. Any Existing License issued to a Legal Non-Conforming Premises shall be
continued as a Type C License
iv. Any Existing License issued to a Principle Residence being used as a Bed
and Breakfast Establishment shall be continued as a Type D License
c) Any Existing License which is continued under this By-law shall expire on the
same date the Existing License was set to expire.
d} Any business or Premises which was not previously subject to an Existing License
shall have ninety (90} days from the coming into force of this By-law to obtain
the required License.
e} Any Existing License which is continued under this By-law shall not be subject to
the Fees and Charges under this By-law until such time that a new License is
issued under this By-law.
f} The Corporation of the Town of The Blue Mountains By-laws 2013-50 and 2014
45 shall be revoked upon this By-law coming into force.
g) This By-law shall come into force on the day it is passed.
3.0 Application for a License
3.1 A Person making an application for a License or for a renewal of a License shall submit:
a) a complete application in the form provided by the Town;
b) when applicable, the Business Name Registration and/or Articles of
Incorporation obtained from the applicable provincial or federal Ministry;
c) all required documents, and obtain all required approvals and inspections as
outlined in the applicable Schedule to this By-law;
d) the required License application fee, approval, and inspection fees.
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3.2
Acceptance of a License application does not constitute approval of the application or
oblige the Town to issue a License.
3.3
A License fee shall be paid by a Person at the time the License is issued by the License
Issuer.
4.0
Licenses
4.1
The License Issuer is hereby delegated authority to issue a License in accordance with the
provisions of this By-law and the applicable Schedule(s) to this By-law.
4.2
The License Issuer is hereby delegated authority to impose additional conditions on a
License that are reasonable and taking into consideration:
a) the health, safety, and well-being of Persons;
b) the impact on a neighbouring Property or neighbouring Property owner;
c) the past conduct of an applicant or Licensee;
d) the impact to the Town or the need within the Town if supported by Policy and
or By-law, as approved and adopted by Town Council, if applicable.
A condition imposed under this Section may be appealed to the Licensing Committee as
outlined in Sections 8,9,10 of this By-law.
4.3
A License issued by the Town is not transferable.
4.4
A License issued pursuant to this By-law is valid for a period of time as outlined in the
applicable Schedule(s) to this By-law.
4.5
Every License shall remain at all times the Property of the Town;
4.6
No Person shall enjoy a vested right in any License or the continuance of any License.
4.7
A License shall be issued by the license Issuer:
a) upon the requirements of this By-law being met;
b) upon submission of the documents as required by this By-law and as outlined on
the applicable Schedule(s) to this By-law;
c) upon obtaining the required approvals and inspections required by this By-law
and as outlined on the applicable Schedule(s) to this By-law;
4.8
The license Issuer shall not issue a License if the owner(s) or applicant(s) have any
outstanding fines, penalties, legal costs, disbursements, Property taxes and late payment
charges owing to the Town for the Property subject to the License application.
4.9
A License shall only be issued by the license Issuer to the registered owner of the
Property unless otherwise required by the Schedule relating specifically to the License
Type.
4.10 A License issued shall include the following:
a) the municipal address;
b) License type;
c) License number;
d) effective date and expiry date of the License;
e) Licensee name and contact information;
f) responsible person name and contact information.
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5.0
License Terms and Conditions
5.1
A License is subject to the terms and conditions of this By-law and the terms and
conditions as set out in the applicable Schedule(s} to this By-law.
5.2
A licensee shall notify the Town within fifteen (15} days of any changes to the:
a) business name;
b) location of the business Premise;
c} ownership of the business;
d} a change in the Licensee's policy of liability insurance;
and such changes shall be subject to submission of the necessary documentation to the
Town.
5.3
A Licensee shall be responsible for the act{s} and omission{s) of its employees,
representatives and agents in the carrying on of the business in the same manner and to
the same extent as though the Licensee did the act(s) or omission(s).
5.4
Any record required by this By-law shall be produced by the Licensee upon request of an
Officer.
6.0
Licenses Administrative Suspensions
6.1
Where the Licensee's policy of liability insurance expires, is cancelled, or is otherwise
terminated, then the applicable License shall be automatically suspended effective on the
date of such expiration, cancellation, or termination and shall remain so until such
insurance has been reinstated.
6.2
An administrative suspension of a License without a hearing shall be imposed for:
a) fourteen {14) days if the Town is satisfied that the continuation of the business
poses an immediate danger to health and safety of any Person or to any
Premises.
Before any suspension is imposed, the Town shall provide the Licensee with the reasons
for the suspension, either orally or in writing, and an opportunity to respond to them.
Any suspension imposed under this section shall be effective immediately upon
notification being given to the Licensee, and the Licensee having been given a opportunity
to respond, and such suspension may be lifted at the discretion of the Town, upon receipt
of the Licensee's response.
6.3
An administrative suspension imposed under Section 6.2 may be imposed on such
conditions as the License Issuer considers appropriate.
7.0
Licenses Grounds for Refusal, Revocation or Suspension
7.1
An applicant or Licensee may be granted a License upon meeting the requirements of this
By-law except where:
a) the past or present conduct of any Person, including the officers, directors,
employees or agents of a corporation affords reasonable cause to believe that
the Person will not carry on or engage in the business in respect of which the
application is made in accordance with the law or with honesty or integrity; or
b) the Applicant or Licensee has past breaches or contraventions of any law or any
provision of this By-law or any other municipal By-law or Provincial or Federal
Statute associated with the carrying on of such business; or
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c) the Applicant or Licensee has failed to pay an Administrative Monetary Penalty
imposed by the Town or a fine or fines imposed by a Court for convictions for
breach of this or any other Town By-law or provincial offence related to the
licensed Premise; or
d) the Applicant or Licensee has failed to comply with any term, condition or
direction of the License Issuer or Officer or has failed to permit any investigation
by the License Issuer or Officer; or
e) the applicant or Licensee has failed to comply with the requirements set out in
this By-law or any of the applicable Schedules to this By-law; or
f)
the issuing of a License would be contrary to t he public interest with respect to
health and safety, consumer protection, or nuisance control; or
g) the Applicant or Licensee has submitted an application or other documents to
the Town containing false statements, incorrect, incomplete, or misleading
information; or
h) the Applicant or Licensee is carrying on or engaging in activities that are, or w ill
be, if the Applicant of Licensee is licensed, in contravention of this By-law, or any
other applicable law; or
i)
the Applicant or Licensee has not paid the required License fees; or
j) the Applicant or Licensee has accumulated fifteen (15) demerit points against
the Property in accordance with Section 11. 7; the Applicant or Licensee or
Owner has outstanding fines, penalties, legal costs, disbursements, Property
taxes and late payment charges owing to the Town or other Government
Authority for the subject Property.
7.2
The License Issuer may revoke, suspend, or refuse to issue a License, where the Applicant
or Licensee would not be entitled to a License on any grounds set out in this By-law.
7.3
Where the application for a License has been revoked, suspended, or cancelled, the fees
paid by the Applicant or Licensee, in the respect of the License, shall not be refunded.
7.4
Where a License has been revoked, suspended, or cancelled, the Licensee shall return the
License to the License Issuer within two (2) days of service of the notice of the decision.
7.5
When a revoked, suspended or cancelled license has not been returned, an Officer may
enter upon the Premise excluding entry into a Dwelling Unit for the purpose of receiving,
taking, or removing the said License.
8.0
Licenses Grounds for Refusal, Revocation or Suspension -Right t o a Hearing
8.1 With the exception of Section 6.2, before a License is refused, revoked, suspended or
cancelled written notice shall be given to the Applicant or Licensee.
8.2
Notice shall be served to the Applicant's or Licensee's last known address or email address
filed with the Town and shall:
a) contain sufficient information to specify the nature of, or reason for, any
recommendation;
b) inform the Applicant or Licensee of entitlement to a hearing before the licensing
Appeal Committee, if a request in writing for a hearing is returned to the Clerk
within fifteen (15) days after the date of service of the notice; and
c) inform the Applicant or Licensee that if no written request is received, the
Licensing Appeal Committee may proceed and make any decision with respect to
the License.
8.3
On receipt of a written request for a hearing from an Applicant or licensee, the Clerk
shall:
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a) schedule a hearing; and
b) give the Applicant or Licensee notice of the hearing at least twenty (20) days
prior to the hearing date; and
c) post notice of the hearing on the Town's website at least twenty (20) days prior
to the hearing date.
8.4 Service of any notice on the Applicant or Licensee under this By-law shall be made by
Personal delivery, ordinary mail, or email transmission. The notice shall be deemed to
have been served on the seventh (7th) day after the day of mailing or on the date of
Personal service or on the date the email is sent.
9.0 Establishment of Licensing Appeal Committee
9.1
Council is hereby established as the Licensing Appeal Committee and shall hear and
render decisions regarding the refusal, revocation or suspension of a License, and the
imposing of terms and conditions on a License.
9.2
The decision of the Licensing Appeal Committee shall be final and binding.
10.0 Hearing Process
10.1 The provisions of the Statutory Powers and Procedures Act, R.S.O. 1990, c. S. 22, as
amended, shall apply to all hearings conducted under this By-law, and the Licensing
Appeal Committee may pass rules for the practice and procedure of the Committee.
10.2 A hearing shall be held in public, unless determined otherwise in accordance with the
Statutory Powers and Procedures Act, R.S.O. 1990, c. S. 22, as amended, and the Licensing
Appeal Committee shall hear the Applicant or Licensee and every other Person who
desires to be heard, and the Licensing Appeal Committee may adjourn the hearing or
reserve its decision.
10.3 No decision of the Licensing Appeal Committee is valid unless it is concurred in by the
majority of the members of the Licensing Appeal Committee that heard the matter, and
the decision of the Licensing Appeal Committee, shall be in writing and shall set out the
reasons for the decision, and shall be signed by the members who concur in the decision.
10.4 Any authority or permission granted by the Licensing Appeal Committee may be for such
time and subject to such terms and conditions as the Licensing Appeal Committee
considers advisable and as are set out in the decision.
10.5 When a Person who has been given written notice of a hearing does not attend at the
appointed time and place, the Licensing Appeal Committee may proceed with the hearing
in his absence, and the Person shall not be entitled to any further notice of the
proceedings.
10.6 The Clerk shall no later than ten (10) days from the making of the decision send one (1)
copy of the decision to:
a) the Applicant or Licensee; and
b) each person who appeared in person or by Counsel or by Agent at the hearing
and who filed with the Clerk a written request for notice of the decision.
11.0 Demerit Point System
11.1 The Demerit Point System established on Schedule B to this By-law shall be used in the
consideration of the issuing, issuing with conditions, suspension, refusal to issue and
revocation of a License.
11.2 A Licensee may be assessed demerit points as outlined in Schedule B for a contravention
of this By-law or as a result of an Administrative Monetary Penalty imposed by the Town
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or a fine or conviction imposed by a Court for a breach of this By-law, or a By-law as
identified in Schedule B.
11.3 A Licensee shall be given Notice forthwith upon any Demerit Points being issued against
their Property. Any Demerit points issued pursuant to this By-law may be appealed to the
License Appeal Committee in accordance with Sections 8,9, 10 of this By-law.
11.4 Subject to Section 11.2 of this Bylaw, Demerit points accumulated by a Licensee shall
remain in place against the Licensee for a period of two (2) years from the date the
demerit points were imposed.
11.S Where Demerit points have been accumulated by the Licensee and remain in place, the
License Issuer may take into account t he Demerit points and may reduce the term of a
new Licence or impose additional conditions on a new Licence, including a reduction in
the maximum permitted occupancy, as if it was a condition as imposed under section 4.2.
11.6 A Licence may be suspended for a period of not longer than six months if the total
Demerit points in effect respecting a Licence is greater than 7.
11.7 A Licence may be revoked if the total of all Demerit points in effect is greater than 15.
11.8 Notice of a suspension or revocation under this section shall be provided to the Owner or
Licencee is accordance with section 8.2 of this By-law and an Owner or Licencee may
appeal the suspension or revocation in accordance with sections 8, 9, and 10 of this By
law.
12.0 Fees
12.1 The fees for any License application, inspections and approvals required pursuant to this
By-law shall be as prescribed in the Town's Fees and Charges By-law and is payable upon
submission of an application.
12.2 The fees for any License to be issued pursuant to this By-law shall be as prescribed in the
Town's Fees and Charges By-law and are payable upon the issuing of a License.
13.0 Orders
13.1 Where an Officer has reasonable grounds to believe that a contravention of this By-law
has occurred, the Officer may make an Order requiring the Person who contravened this
By-law, or who has caused or permitted the contravention, or the Owner or Licensee of
the Premises on which the contravention has occurred, to discontinue the contravening
activity.
13.2 An Order under section 13.1 shall set out:
a) reasonable particulars of the contravention adequate to identify the
contravention;
b) the location of the Premise on which the contravention occurred; and
c) the date by which there must be compliance with the Order.
13.3 An Order to discontinue a contravening activity made under this section may be served
Personally, registered mail to the last known address or by email transmission to:
a) the Person the Officer believes contravened this By-law; and
b) such other Persons affected by the Order as the Officer making the Order
determines.
13.4 The Order shall be deemed to have been served on the seventh (7th) day after the date of
mailing or on the date of Personal delivery or email transmission.
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13.5 An Officer who is unable to effect service of an Order pursuant to this By-law shall place a
placard containing the Order in a conspicuous place on the Premise and the placing of the
placard shall be deemed to be sufficient service. The placing of the placard contained the
Order shall be deemed to be served on the date of placing the placard.
13.6 Any Person who contravenes an Order under this by-law is guilty of an offence or subject
to an Administrative Monetary Penalty.
14.0 Enforcement and Penalty Provisions
14.1 The enforcement of this By-law shall be conducted by an Officer.
14.2 An Officer may enter on land at any reasonable time for the purpose of carrying out an
inspection to determine whether or not:
a) the By-law is complied with;
b) the License, or the term or condition of a License, or the term or condition of this
By-law is complied with;
c) the approved plans are complied with;
d) a direction or order made under the Municipal Act, 2001, or this By-law is
complied with.
14.3 For the purposes of an inspection under 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
purposes of the inspection.
14.4 All documents and records shall be kept in a good and business-like manner for review by
the Officer at their request.
14.5 A receipt shall be provided for any document or thing removed under this By-law and the
document or thing shall be promptly returned after the copies or extracts are made.
14.6 A sample taken under this By-law shall be divided into two parts, and one part shall be
delivered to the Person from whom the sample is taken, if the Person so requests at the
time the sample is taken and provides the necessary facilities.
14.7 If a sample is taken under this By-law and the sample has not been divided into two parts,
a copy of any report on the sample shall be given to the Person from whom the sample
was taken.
14.8 Every Person who contravenes any provision of this By-law and every director or officer of
a corporation, who knowingly concurs in the contravention by a corporation is guilty of an
offence and upon conviction is liable to:
a) on a first offence, to a fine not more than $50,000.00; and
b) on a second offence and each subsequent offence, to a fine of not more than
$100,000.00
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14.9 Every Person who is issued a Part 1 offence notice or summons and is convicted is guilty of
an offence under this By-law shall be subject to a fine, to a maximum as provided for in
the Provincial Offences Act, R.5.0. 1990, c. P. 33, as amended.
14.l0No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this By-law.
14.11Every Person who is alleged to have contravened any of the provisions of this By-law,
shall identify themselves to an Officer upon request, failure to do so shall be deemed to
have hindered or obstructed an Officer in the execution of his or her duties.
14.12 Upon conviction any penalty imposed under this By-law may be collected under the
authority of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended.
14.13If a Person is convicted of an offence under this By-law, the court in which the conviction
has been entered and any court of competent jurisdiction may, in addition to any other
remedy and to any penalty imposed, make an order prohibiting the continuation or
repetition of the offence by the Person convicted.
15.0 Administrative Monetary Penalties
15.1 Administrative Monetary Penalty By-law 2021-1 /, as amended, applies to this By-law.
15.2 Every Person who contravenes a provision of this By-law shall upon the issuing of a
Penalty Notice under Administrative Monetary Penalty By-law 2021-1 / is liable to pay
the Town an Administrative Monetary Penalty in the amount set out it in the
Administrative Monetary Penalty By-law 2021-:11_.
15.3 Any Person who is issued a Penalty Notice for a contravention of this By-law under the
Administrative Monetary Penalty By-law 2021-1..L, as amended, shall not be charged
under the Provincial Offences Act for the same contravention. ·
16.0 Severability
If a court of competent jurisdiction declares any section or part of this By-law invalid, it is the
intention of Council of the Town that the remainder of this By-law shall continue in force unless
the court makes an order to the contrary.
17.0 Singular and Plural Use
In this By-law, unless the context otherwise requires words importing the singular shall include
the plural and use of the masculine shall include the feminine, where applicable.
18.0 Schedules
The Schedules attached to this By-law form part of this By-law.
And Further that this By-law shall come into force and take effect upon the enactment thereof.
Enacted and passed this 23rd day of August, 2021
Alar.Soever, Mayor
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Town of The Blue Mountains
Schedule A of By-law No. 2021-10
Licensing Types
Type A
Short Term Rental Property License within the Exception Area as prescribed in
Schedule Cto this By-law
Type B
Short Term Rental Property License as prescribed in Schedule D to this By-law
Type C
Legal Non-Conforming Short Term Rental Property License as prescribed in
Schedule Eto this By-law
Type D
Bed & Breakfast License as prescribed in Schedule Fto this By-law
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Town of The Blue Mountains
Schedule B of By-law No. 2021-10
Short Form Wordings and Associated Demerit Points
For the purpose of Section 11 of this By-law:
a)
the Designated Provisions column in the following table lists the provisions of this By-law
that are hereby designated as being subject to the demerit point system;
b)
the Short Form Wording column in the following table sets out the nature of the violation;
c)
the Demerit Points column in the following table sets out the Demerit Points imposed for a
contravention of this By-law, or for a Conviction under a Town By-law pursuant to a
License, and as referenced in the below chart.
i.
For greater certainty, Conviction means a fine, charge, or conviction has
been entered pursuant to Part I or Part Ill of the Provincial Offe_nces Act
or in the Ontario Court of Justice, and the time for appealing said fine.
Charge, or conviction has expired.
Item
Section
Short Form Wording
Demerit Points
1
Type A, B, C Licence
Section 2.4
Exceed Maximum permitted occupancy
between 2200 and 0700 hours
3
2
Type A, B, C Licence
Section 2.4
2nd or subsequent offence for exceeding
,
maximum permitted occupancy between
2200 and 0700 hours
8
3
Type A, B, C Licence
Term and Condition of License - Non
5
Section 2.9
availability of Responsible Person
4
Type A, B, C Licence
Section 2.7
Waste Collection By-law (16-03, as
amended) Conviction related to Premises
5
Type D License
Section 2.5
5
Type A, B, C Licence
Property Standards By-law (2002-18 as
5
Section 2.7
amended) Conviction related to Premises
Type D License
Section 2.5
6
Type A, B, C Licence
Noise By-law (2002-9, as amended)
5
Section 2.7
Conviction related to Premises
Type D License
Section 2.5
7
Type A, B, C Licence
Section 2.7
Second or subsequent contravention related
to the Premises under the Noise, Waste
10
Type D License
Collection or Property Standards By-laws
Section 2.5
8
Type A, B, Clicence
Fail to post License
3
Section 2.6
Type D License
Section 2.5
9
Type A, B, C Licence
Advertising without a Town License number
3
Section 2.7
being included in Advertisement
Type D License
Section 2.5
10
Type D License
Failure of the Licensee to be on site during
5
Section 2.5
the stay of a renter during the hours of 2300
and 0700 hours
11
Type A, B, C Licence
Permitting an activity that causes a Nuisance
1
Section 2.7
Type D License
Section 2.5
Page 13 of 29
12
Type A, B, C Licence
Section 2.7
Using or permitting Premises to be used
contrary to Parking Management Plan
3
13
Type A, B, C licence
Section 2.7
Operating without functioning noise
notification system where required
3
14
Type A, B, C Licence
Section 2.10
Permit the operation or occupation of an
outdoor hot tub or outdoor pool outside the
hourof0700and2300
5
15
Type A, B, C Licence
Section 2.11
Failure to properly or adequately secure a
Pool or Hot Tub
5
16
Type A, B, C Licence
Section 2.11
Ignite or permit the ignition of an outside
fire or provision of a fire pit without
authorization provided by license
5
17
Building Code
Building Code Act (construction without a
permit) Conviction
7
18
Type A, B, C Licence
Section 2.2
Type D License
Section 2.3
Fire Protection and Prevention Act/Fire
Code Conviction
15
19
Type A, B, C, D Licence
Section 13 of this By-law
Failure to comply with an Order
10
Page 14 of 29
Town of The Blue Mountains
Schedule C of By-law No. 2021-10
Type A License
Short Term Rental Property License within the Exception Area
In this Schedule C of the By-law:
1.0 Definitions
"Bedroom" means a room or area, separated from the common living area(s) of the Short-Term
Rental Property Unit which is equipped with a sleeping type bed and a closable, latching door
for privacy. A Bedroom shall further meet the requirements for natural light as set out in the
Ontario Building Code, and if located in a basement, must provide for adequate means of
egress, as approved by the Fire Department;
"Dwelling Unit" means a suite operated as a housekeeping unit, used, or intended to be used
by one or more Persons and usually containing cooking, eating, living, sleeping and sanitary
facilities;
"Exception Area" means a specific area of the Town as designated in Town's Zoning By-law;
"Maximum Occupancy" means the maximum number of occupants permitted on the Premises;
"Renter's Code" means a document prepared by the Owner that:
a) sets out the roles and responsibilities of a Renter including behavior expectations
as they relate to causing a disturbance;
b) provides a written warning related to the making of a disturbance;
c) identifies the Town By-laws and the provisions of the Town By-laws to be
complied with;
d) includes the Parking Management Plan.
"Responsible Person" means a Person that is Fit for Duty and designated by a Licensee who is
over the age of eighteen (18) and is able to respond to the Premise as required by the License;
"Short Term Rental Property Unit" or "STRPU" means a Building or structure, or any part
thereof being used for the habitation of tenants of that temporary residence, lodging or
occupancy by way of concession, permit, lease, License, rental agreement, or similar
commercial arrangement for any period less than thirty (30) consecutive calendar days,
throughout all or any part of a calendar year;
"Type A" means a License for a Short-Term Rental Property Unit in an Exception Area in the
Town's Zoning By-law;
2.0 Terms and Conditions
2.1
This Type A License is a License to operate a Short-Term Rental Property Unit in the
Exception Area. In addition to the licensing requirements set out in this By-law an
Applicant or Licensee for a Type A License, shall submit the following:
a) An inspection approved by the Town's Fire Chief dated within the previous 2
years stating the Premises are in compliance with the Fire Protection and
Prevention Act, 1997, S.O. 1997, c.4, as amended, and its regulations and the
maximum occupancy;
b) a Renter's Code;
Page 15 of 29
c) proof of insurance by way of certificate of insurance showing a minimum limit of
two million dollars {$2,000,000) in commercial general liability for a rental
property for the term of the License with an endorsement that notice in writing
at least thirty {30) days prior to cancellation, expiration, or variation thereof will
be given to the Town by the insurance underwriter;
d) acknowledgement and consent to the posting of the following information on
the Town's website:
i.
the municipal address of the Premises;
·ii.
the legal description of the Premises;
iii.
the contact information for the owner, agent, applicant and Responsible
Person;
e) certificate from a Licensed Electrician dated within the previous 90 days of
making applications for a License stating the Premises are in compliance with the
Electrical Safety Code.
f) The Parking Management Plan
2.2
In addition to the licensing requirements set out in Section 3 of the General Provisions of
this By-law the issuing of a Type A License is subject to the following:
a) compliance with the Town's Zoning By-law;
b) complete fire safety requirements checklist;
c) compliance with the Fire Code;
d) posting of Fire Safety Instructions that is plaqued or framed, that depicts the
location of each bedroom, smoke alarm, carbon monoxide alarm, extinguisher,
exit/egress doors or windows on the Premises to the satisfaction of the Town;
e) confirmation that the owner{s) and applicant{s) have no outstanding fines,
penalties, legal costs, disbursements, property taxes and late payment charges
owing to the Town for the subject property.
2.3
A Type A License is valid for a period of 24 months, or longer at the Town's sole discretion
from the date on which it is issued;
For additional clarity, if a Licence is issued for greater than 24 months, the STRPU shall be
subject to pro-rated fees and charges for the extended term of the License.
2.4 The Maximum Occupancy within a dwelling unit for a Type A License shall be calculated as
follows:
a) two (2) Persons per Bedroom;
b) and four (4) additional Persons.
2.5
The maximum occupancy calculated under Section 2.4 of this Schedule C of this Bylaw
may be reduced by the License Issuer taking into consideration the number of approved
parking spaces in the Parking Management Plan, or occupancy load issues identified by a
fire inspector
2.6
A Licensee of a Type A License shall:
a) be the registered owner of the Property;
b) provide and maintain on the Premises a self-enclosed Building, structure, or
container for the disposal of garbage and waste;
c) designate a Responsible Person;
d) display the License in a conspicuous place on the licensed Premises in close
proximity to the entrance of the Property and visible to the public at all times;
e) display the License in a prominent place on the interior of the licensed premise;
and,
Page 16 of 29
f) post the fire safety instructions next to the License displayed on the interior of
the licensed premise.
2.7
Every Person who owns or operates a Short-Term Rental Property Unit under a Type A
License shall:
a) operate the Premises in accordance with the approved:
i.
Renter's Code;
ii.
Parking Management Plan;
iii.
maximum occupancy calculation;
b) operate the Premises in accordance with the Town's:
i.
Property Standards By-law;
ii.
Waste Collection By-law;
iii.
Noise By-law;
iv.
any other By-law and the Ontario Human Rights Code;
c) provide adequate measures for the storage and disposal of waste in accordance
with this By-law and keep the Premise in a clean and sanitary condition;
d) provide sufficient levels of illumination to facilitate the safe passage of
occupants to the satisfaction of the Fire Chief;
e) not make, cause, or permit a disturbance or Nuisance;
f)
provide the Renter with a copy of the Renter's Code;
g) keep a written record of the following:
i.
the date of entry;
ii.
the length of stay of a Renter;
iii.
the home address of a Renter;
iv.
confirmation including the date of receipt of the Renter's Code by the
Renter;
v.
the dates on which smoke and carbon monoxide alarms were tested,
batteries replaced, or units replaced;
vi.
the dates on which fire extinguishers are checked or maintained;
vii.
the dates on which exit, and emergency lighting is checked or
maintained;
viii.
annual gas or wood fired appliances, chimneys, vents, and flue
inspections.
h) maintain the records required by subsection (g) for a minimum of two (2) years;
i)
include the valid current License Number on all:
i.
advertisement and promotional materials;
ii.
website;
iii.
contracts and agreements entered into with a Renter;
j) ensure that at least one (1) indoor NoiseAware monitor, or equivalent noise
detection system, and one (1) outdoor NoiseAware monitor, or equivalent noise
detection system, is fully operational and monitored at all times.
k) not permit the use or occupation of an outdoor hot tub and or outdoor pool
outside the hours of 0700 and 2300 exclusively.
I)
ensure that hot tub is covered and secured when not in use, and pools are
properly secured at all times.
m) not permit the ignition of any outdoor fire other than an approved outdoor
barbeque for the purposes of preparing and cooking of food unless authorized
Page 17 of 29
by formal permit provided by The Blue Mountains Fire Department as part of the
Licensing process.
2.8
A Responsible Person and/or Rental or Lease Management Program Representative, as
applicable, shall be responsible for the operation of the Premise, the conduct of the
Renter and the occupants of the Premises.
2.9
A Responsible Person and/or Rental or Lease Management Program Representative, as
applicable, shall be available by email and telephone, 24 hours a day, 7 days a week to
attend a licensed Premise within ½ hour of being contacted or notified by the Town or an
authorized agent or representative of the Town or an Officer.
Page 18 of 29
Town of The Blue Mountains
Schedule D of By-law No. 2021-10
Type B license
Short Term Rental Property License Outside of the Exception Area
1.0
Definitions
In this Schedule D of the By-law:
"Bedroom" means a room or area, separated from the common living area(s} of the Short-Term
Rental Property Unit which is equipped with a sleeping type bed and a closable, latching door
for privacy. A Bedroom shall further meet the requirements for natural light as set out in the
Ontario Building Code, and if located in a basement, must provide for adequate means of
egress, as approved by the Fire Department;
"Dwelling Unit" means a suite operated as a housekeeping unit, used, or intended to be used
by one or more Persons and usually containing cooking, eating, living, sleeping and sanitary
facilities;
"Maximum Occupancy" means the maximum number of occupants permitted on the Premises;
"Principal Residence" means a Person's permanent lodging place to which, whenever absent
he or she intends to return;
"Responsible Person" means a Person that is Fit for Duty and designated by a Licensee who is
over the age of eighteen (18} and is able to respond to the Premise as required by the License;
"Renter's Code" means a document prepared by the Owner that:
a} sets out the roles and responsibilities of a Renter including behavior expectations
as they relate to causing a disturbance;
b} provides a written warning related to the making of a disturbance;
c} identifies the Town By-laws and the provisions of the Town By-laws to be
complied with;
d} includes the Parking Management Plan.
"Short Term Rental Property Unit" or "STRPU" means a Building or structure, or any part
thereof being used for the habitation of tenants of that temporary residence, lodging or
occupancy by way of concession, permit, lease, License, rental agreement, or similar
commercial arrangement for any period less than thirty (30} consecutive calendar days,
throughout all or any part of a calendar year;
"Type B License" means a License for a Short-Term Rental Property Unit outside an Exception
Area in the Town's Zoning By-law;
2.0
Terms and Conditions
2.1 This Type-B License is a License to operate a Short-Term Rental Property Unit outside of
the Exception Area. In addition to the licensing requirements set out in this By-law an
Applicant or Licensee for a Type B License shall submit the following:
a} An inspection approved by the Town's Fire Chief dated within the previous 2
years stating the Premises are in compliance with the Fire Protection and
Prevention Act, 1997, S.O. 1997, c.4, as amended, and its regulations and the
Maximum Occupancy;
b) a Renter's Code;
Page 19 of 29
c} proof of insurance by way of certificate of insurance showing a minimum limit of
two million dollars ($2,000,000} in commercial general liability for a rental
property for the term of the License with an endorsement that notice in writing
at least thirty (30) days prior to cancellation, expiration, or variation thereof will
be given to the Town by the insurance underwriter;
d) acknowledgement and consent to the posting of the following information on
the Town's website:
i.
the municipal address of the Premise;
ii.
the legal description of the Premise;
iii.
the contact information for the Owner, Agent, Applicant and Responsible
Person;
e) certificate from a Licensed Electrician dated within the previous 90 days of
making applications for a License stating the Premises are in compliance with the
Electrical Safety Code.
f) The Parking Management Plan
2.2
In addition to the licensing requirements set out in Section 3 of the General Provisions of
this By-law the issuing of a Type B License is subject to the following:
a) compliance with the Town's Zoning By-law;
b) complete fire safety requirements checklist;
c) compliance with the Fire Code;
d) posting of Fire Safety Instructions that is plaqued or framed, that depic.ts the
location of each Bedroom, smoke alarm, carbon monoxide alarm, extinguisher,
exit/egress doors or windows on the Premises to the satisfaction of the Town;
and
e) confirmation that the Owner(s) and Applicant(s) have no outstanding fines,
penalties, legal costs, disbursements, property taxes and late payment charges
owing to the Town for the subject property.
2.3
A Type B License is valid for a period of 24 months, or longer at the Town's sole discretion
from the date on which it is issued;
For additional clarity, if a Licence is issued for greater than 24 months, the STRPU shall be
subject to pro-rated fees and charges for the extended term of the License.
2.4 The Maximum Occupancy within a Dwelling Unit for a Type B License be calculated as
follows:
a) the number permitted under the Town's Zoning By-law; and
b) in any event the Maximum Occupancy shall not exceed:
i.
two (2) Persons per Bedroom; and
ii.
four (4) additional Persons.
2.5
The Maximum Occupancy calculated under Section 2.4 of this Schedule D of this By-Law
may be reduced by the License Issuer taking into consideration the number of approved
parking spaces in the Parking Management Plan, or occupancy load issues identified by a
fire inspector
2.6
A Licensee of a Type B License shall:
a) be the registered owner of the Property;
b) provide and maintain on the Premise a self-enclosed Building, structure, or
container for the disposal of garbage and waste;
c) designate a Responsible Person;
Page 20 of 29
d) display the License in a conspicuous place on the licensed Premises in close
proximity to the entrance of the Property and visible to the public at all times;
e) display the License in a prominent place on the interior of the licensed Premise;
and,
f)
post the fire safety instructions next to the License displayed on the interior of
the licensed Premise;
2.7
Every Person who owns or operates under a Type B License shall:
a) operate the Premise in accordance with the approved:
i.
Renter's Code;
ii.
Parking Management Plan;
iii.
maximum occupancy calculation;
b) operate the Premise in accordance with the Town's:
i.
Property Standards By-law;
ii.
Waste Collection By-law;
iii.
Noise By-law;
iv.
any other By-law and the Ontario Human Rights Code;
c) provide adequate measures for the storage and disposal of waste in accordance
with this By-law and keep the Premise in a clean and sanitary condition;
d) provide sufficient levels of illumination to facilitate the safe passage of
occupants to the satisfaction of the Fire Chief;
e) not make, cause, or permit a disturbance or Nuisance;
f) provide the Renter with a copy of the Renter's Code;
g) keep a written record of the following:
i.
the date of entry;
ii.
the length of stay of a Renter;
iii.
the home address of a Renter;
iv.
confirmation including the date of receipt of the Renter's Code by the
Renter;
v.
the dates on which smoke and carbon monoxide alarms were tested,
batteries replaced, or units replaced;
vi.
the dates on which fire extinguishers are checked or maintained;
vii.
the dates on which exit, and emergency lighting is checked or
maintained;
viii.
annual gas or wood fired appliances, chimneys, vents, and flue
inspections.
h) maintain the records required by subsection (g) for a minimum of two (2) years;
i)
include the valid current License Number on all:
i.
advertisement and promotional materials;
ii.
website;
iii.
contracts and agreements entered into with a Renter;
j) ensure that at least one (1) indoor NoiseAware monitor, or equivalent noise
detection system, and one (1) outdoor NoiseAware monitor, or equivalent noise
detection system, is fully operational and monitored at all times.
k) not permit the use or occupation of an outdoor hot tub and or outdoor pool
outside of the hours of 0700 and 2300 exclusively.
I)
ensure that hot tub is covered and secured when not in use, and pools are
properly secured at all times.
m) not permit the ignition of any outdoor fire other than an approved outdoor
Barbeque for the purposes of preparing or cooking of food unless authorized by
Page 21 of 29
formal permit provided by The Blue Mountains Fire Department as part of the
licensing process.
2.8
A Responsible Person and/or Rental or Lease Management Program Representative, as
applicable, shall be responsible for the operation of the Premise, the conduct of the
Renter and the occupants of the Premises.
2.9
A Responsible Person and/or Rental or Lease Management Program Representative, as
applicable, shall be available by email and telephone, 24 hours a day, 7 days a week to
attend a licensed Premise within½ hour of being contacted or notified by the Town or an
authorized agent or representative of the Town or an Officer.
Page 22 of 29
Town of The Blue Mountains
Schedule Eof By-law No. 2021-10
Type C license
Legal Non-Conforming Short Term Rental Property license
1.0
Definitions
In this Schedule E of the By-law:
"Bedroom" means a room or area, separated from the common living area(s) of the Short-Term
Rental Property Unit which is equipped with a sleeping type bed and a closable, latching door
for privacy. A Bedroom shall further meet the requirements for natural light as set out in the
Ontario Building Code, and if located in a basement, must provide for adequate means of
egress, as approved by the Fire Department;
"Dwelling Unit" means a suite operated as a housekeeping unit, used, or intended to be used
by one or more Persons and usually containing cooking, eating, living, sleeping and sanitary
facilities;
"M aximum Occupancy" means the maximum number of occupants permitted on the Premises;
"Principal Residence" means a Person's permanent lodging place to which, whenever absent
he or she intends to return;
"Responsible Person" means a Person that is Fit for Duty and designated by a Licensee who is
over the age of eighteen (18) and is able to respond to the Premise as required by the License;
"Renter's Code" means a document prepared by the Owner that:
a) sets out the roles and responsibilities of a Renter including behavior expectations
as they relate to causing a disturbance;
b) provides a written warning related to the making of a disturbance;
c) identifies the Town By-laws and the provisions of the Town By-laws to be
complied with;
d) includes the Parking Management Plan.
"Short Term Rental Property Unit" or "STRPU" means a Building or structure, or any part
t hereof being used for the habitation of tenants of that temporary residence, lodging or
occupancy by way of concession, permit, lease, License, rental agreement, or similar
commercial arrangement for any period less than thirty (30) consecutive calendar days,
t hroughout all or any part of a calendar year;
"Type C license" means a License for a Short-Term Rental Property Unit for a Legal Non
Conforming Short Term Rental Property Unit;
2.0
Terms and Conditions
2.1 This Type C License is a License to operate a Legal Non-Conforming Short Term Rental
Property Unit.
2.2
In addition to the licensing requirements set out in this By-law an Applicant or Licensee
for a Type C License shall submit the following:
a) An inspection approved by the Town's Fire Chief dated within the previous 2
years stating the Premise are in compliance with the Fire Protection and
Prevention Act, 1997, S.O. 1997, c.4, as amended, and its regulations and the
Maximum Occupancy;
Page 23 of 29
b) a Renter's Code;
c) proof of insurance by way of certificate of insurance showing a minimum limit of
two million dollars ($2,000,000) in commercial general liability for a rental
property the term of the License with an endorsement that notice in writing at
least thirty (30) days prior to cancellation, expiration, or variation thereof will be
given to the Town by the insurance underwriter;
d) acknowledgement and consent to the posting of the following information on
the Town's website:
i.
the municipal address of the Premise;
ii.
the legal description of the Premise;
iii.
the contact information for the Owner, Agent, Applicant and Responsible
Person;
e) certificate from a Licensed Electrician dated within the previous 90 days of
making applications for a License stating the Premises are in compliance with the
Electrical Safety Code;
f) a valid current License issued under the previous By-law that has not expired.
g) The Parking Management Plan
2.3
In addition to the licensing requirements set out in Section 3 of the General Provisions of
this By-law the issuing of a Type C License is subject to the following:
a) a Type C License may only be issued by the License Issuer where the applicant
has a current valid License issued prior to December 31, 2019;
b) complete fire safety requirements checklist;
c) compliance with the Fire Code;
d) posting of Fire Safety Instructions that is plaqued or framed, that depicts the
location of each Bedroom, smoke alarm, carbon monoxide alarm, extinguisher,
exit/egress doors or windows on the Premises to the satisfaction of the Town;
and,
e) confirmation that the Owner(s) and Applicant(s) have no outstanding fines,
penalties, legal costs, disbursements, property taxes and late payment charges
owing to the Town for the subject property.
2.4
The Maximum Occupancy within a Dwelling Unit subject to a Type C License shall be
calculated as identified by the Town as part of the Legal Non-Conforming review process.
The Maximum Occupancy may be reduced at the direction of the Fire Chief or their
designate if, in the opinion of the Fire Chief or their designate, the Maximum Occupancy
as calculated in this Section presents a life safety risk.
2.5
A Type C License is valid for a period of 24 months, or longer at the Town's sole discretion
from the date on which it is issued;
For additional clarity, if a Licence is issued for greater than 24 months, the STRPU shall be
subject to pro-rated fees and charges for the extended term of the License.
2.6
A Licensee of a Type C License shall:
a) the registered owner of the Property;
b) provide and maintain on the Premise a self-enclosed Building, structure, or
container for the disposal of garbage and waste;
c) designate a Responsible Person;
d) display the License in a conspicuous place on the licensed Premise in close
proximity to the entrance of the Property and visible to the public at all times;
Page 24 of 29
e) display the License in a prominent place on the interior of the licensed Premise;
and,
f)
post the fire safety instructions next to the License displayed on the interior of
the licensed Premise.
2.7
Every Person who owns or operates a Type C License shall:
a) operate the Premise in accordance with the approved:
i.
Renter's Code;
ii.
Parking Management Plan;
iii.
maximum occupancy calculation;
b) operate the Premise in accordance with the Town's:
i.
Property Standards By-law;
ii.
Waste Collection By-law;
iii.
Noise By-law;
iv.
any other By-law and the Ontario Human Rights Code;
c) provide adequate measures for the storage and disposal of waste in accordance
with this By-law and keep the Premise in a clean and sanitary condition;
d) provide sufficient levels of illumination to facilitate the safe passage of
occupants to the satisfaction of the Fire Chief;
e) not make, cause, or permit a disturbance or Nuisance;
f) provide the Renter with a copy of the Renter's Code;
g) keep a written record of the following:
i.
the date of entry;
ii.
the length of stay of a Renter;
iii.
the home address of a Renter;
iv.
confirmation including the date of receipt of the Renter's Code by the
Renter;
v.
the dates on which smoke and carbon monoxide alarms were tested,
batteries replaced, or units replaced;
vi.
the dates on which fire extinguishers are checked or maintained;
vii.
the dates on which exit, and emergency lighting is checked or
maintained;
viii.
annual gas or wood fired appliances, chimneys, vents, and flue
inspections.
h) maintain the records required by subsection {g) for a minimum of two (2) years;
i)
include the valid current License Number on all:
i.
advertisement and promotional materials;
ii.
website;
iii.
contracts and agreements entered into with a Renter.
j)
ensure that at least one (1) indoor NoiseAware monitor, or equivalent noise
detection system, and one {1) outdoor NoiseAware monitor, or equivalent noise
detection system, is fully operational and monitored at all times.
k) not permit the use or occupation of an outdoor hot tub and or outdoor pool
outside of the hours of 0700 and 2300 exclusively.
I}
ensure that hot tub is covered and secured when not in use, and pools are
properly secured at all times.
m) not permit the ignition of any outdoor fire other than an approved outdoor
Barbeque for the purposes of preparing or cooking of food unless authorized by
formal permit provided by The Blue Mountains Fire Department as part of the
licensing process.
Page 25 of 29
2.8
A Responsible Person and/or Rental or Lease Management Program Representative, as
applicable, shall be responsible for the operation of the Premise, the conduct of the
Renter and the occupants of the Premise.
2.9
A Responsible Person and/or Rental or Lease Management Program Representative, as
applicable, shall be available by email and telephone, 24 hours a day, 7 days a week to
attend a licensed Premise within½ hour of being contacted or notified by the Town or an
authorized agent or representative of the Town or an Officer.
Page 26 of 29
Town of The Blue M ountains
Schedule F of By-law No. 2021- Jo
Type D License
Bed & Breakfast License
1.0
Definitions
In this Schedule F of the By-law:
"Bedroom" means a room or area, separated from the common living area(s) of the Short-Term
Rental Property Unit which is equipped with a sleeping type bed and a closable, latching door
for privacy. A Bedroom shall further meet the requirements for natural light as set out in the
Ontario Building Code, and if located in a basement, must provide for adequate means of
egress, as approved by the Fire Department;
"Bed and Breakfast Establishment" or "B & B" means a Building used as a residence that
operates or offers no more than three guest rooms as places or temporary residence, lodging or
occupancy by way of concession, permit, lease, License, rental agreement or similar commercial
arrangement throughout all or any part of a calendar year and that is the Principal Residence of
the establishment's proprietor. Bed and Breakfast Establishment shall not mean or include
motel, hotel, short term accommodation, tourist cabin or cottage, hospital or similar
commercial or institutional uses;
"Dwelling Unit" means a suite operated as a housekeeping unit, used, or intended to be used
by one or more Persons and usually containing cooking, eating, living, sleeping and sanitary
facilities;
"Principal Residence" means a Person's permanent lodging place to which, whenever absent
he or she intends to return;
"Renter's Code" means a document prepared by the Owner that:
a) sets out the roles and responsibilities of a Renter including behavior expectations
as they relate to causing a disturbance;
b) provides a written warning related to the making of a disturbance;
c) identifies the Town By-laws and the provisions of the Town By-laws to be
complied with;
d) includes the Parking Management Plan.
"Type D License" means a License for a Bed and Breakfast Establishment.
2.0
Terms and Conditions
2.1 This Type D License is applicable to properties operated as a Bed & Breakfast
Establishment.
2.2
In addition to the licensing requirements set out in this By-law an Applicant or Licensee
for a Type D License shall submit the following:
a) a Statement prepared by the Town's Fire Chief dated within the previous 2 years
stating the Premise are in compliance with the Fire Protection and Prevention
Act, 1997, S.O. 1997, c.4, as amended, and its regulations and the Maximum
Occupancy;
b) a Renter's Code;
c) an executed Site Plan Agreement, where required by the Planning Act;
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d) proof of insurance by way of certificate of insurance showing a minimum limit of
two million dollars ($2,000,000) in commercial general liability for a Bed &
Breakfast for the term of the license with an endorsement that notice in writing
at least thirty (30) days prior to cancellation, expiration, or variation thereof will
be given to the Town by the insurance underwriter; and,
e) certificate from a Licensed Electrician dated within the previous 90 days of
making applications for a License stating the Premises are in compliance with the
Electrical Safety Code.
f) The Parking Management Plan
2.3
In addition to the licensing requirements set out in Section 3 of the General Provisions of
this By-law, the issuing of a Type D License is subject to the following:
a) compliance with the Town's Zoning By-law endorsed by the Director of Planning
and Development Services;
b) complete fire safety requirements checklist;
c) compliance with the Fire Code;
d) posting of Fire Safety Instructions that is plaqued or framed, that depicts the
location of each Bedroom, smoke alarm, carbon monoxide alarm, extinguisher,
exit/egress doors or windows on the Premise to the satisfaction of the Town;
and,
e) confirmation that the Owner(s) and Applicant(s) have no outstanding fines,
penalties, legal costs, disbursements, property taxes and late payment charges
owing to the Town for the subject property.
2.4
A Type D license is valid for a period of two (2) years from the date on which it is issued;
2.5
A Licensee of a Type D License shall:
a) be the registered owner of the property;
b) ensure that the Premise is the Principle Residence of the Licensee;
c) be on site at the premise during the stay of a Renter during the hours of 2300
and 0700 hours, except in the case of emergencies;
d) display the License in a conspicuous place on the licensed premise in close
proximity to the entrance of the property and visible to the public at all times;
e) display the License in a prominent place on the interior of the licensed Premise;
f) be responsible for the operation of the premise, the conduct of the Renter and
the occupants of the Premise;
g) operate the Premises in accordance with the Town's:
i.
Property Standards By-law;
ii.
Waste Collection By-law;
iii.
Noise By-law;
iv.
any other By-law and the Ontario Human Rights Code;
h) provide adequate measures for the storage and disposal of waste in accordance
with this By-law and keep the Premise in a clean and sanitary condition;
i)
not make, cause, or permit a disturbance or Nuisance;
j) include the valid current License Number on all:
i.
advertisement and promotional materials;
ii.
website;
iii.
contracts and agreements entered into with a Renter;
k) keep a written record of the following:
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i.
ii.
iii.
iv.
the date of entry;
the length of stay of a Renter;
the home address of a Renter;
confirmation including the date of receipt of the Renter's Code by the
Renter;
v.
the dates on which smoke and carbon monoxide alarms were tested,
batteries replaced, or units replaced;
vi.
the dates on which fire extinguishers are checked or maintained;
vii.
the dates on which exit, and emergency lighting is checked or
maintained;
viii.
annual gas or wood fired appliances, chimneys, vents, and flue
inspections.
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