The Blue Mountains, Ontario
· No. 2025-13
· adopted 2025-03-10
· summary & facts
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## The Corporation of the Town of The Blue Mountains
By-Law Number 2025 - 13
Being a By-law to Amend By-law 2021-70, Being a By-law to Regulate and License Businesses in the Town of The Blue Mountains
Whereas Section 8 of the Municipal Act, 2001, S.O. 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:
enable municipalities to govern their affairs as they consider appropriate; and 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:
1. prohibit the carrying on or engaging in the business without a License; refuse to grant a License or to revoke or suspend a License; impose conditions as a requirement of obtaining, continuing to hold or renewing a License;
2. 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;
3. impose conditions, including special conditions, as a requirement of continuing to hold a License at any time during the term of the License; and
4. 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;
And Whereas Council received Staff Report FAF.24.155, "Municipal Licensing By-law and AMPs By-law Revisions" at the December 2, 2024 Council meeting regarding proposed changes to the Municipal Licensing By-law to change the "Licensing Appeals Committee" to "Licensing Appeals Officer";
Now Therefore Council of The Corporation of the Town of The Blue Mountains hereby enacts as follows:
1. That Paragraph 9.0, 9.1 and 9.2 shall be repealed and replaced with the following:
## 9.0 Licensing Appeals Officer:
- 9.1 The Licensing Appeals Officer 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 Appeals Officer shall be final and binding.
2. That the words "Licensing Appeals Committee" be replaced with the words Licensing Appeals Officer throughout the by-law.
And Further that this By-law shall come into force and take effect upon the enactment thereof. Enacted and passed this 10th of March, 2025
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Andrea Matrosovs, Mayor
Corrina Giles, Town Clerk