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The following consolidated by-law is an electronic reproduction made available for convenience and information
only. It is not an official or legal version of the By-law. The format may be different, and plans, pictures, other
graphics or text may be missing or altered. The Municipality of The City of Thorold does not warrant the accuracy
of this electronic version. Official versions of all By-laws may be obtained from the City Clerk's Department.
Consolidated By-Law
The Corporation of the City of Thorold
By-law No. 109-2017
Being a By-Law to provide the Licensing, Regulating and Inspecting of Residential Rental
Property in the City of Thorold
WHEREAS section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the "Act")
provides that a local municipality has the capacity, rights, powers and privileges of an actual
person for the. purposes of exercising its authority under this or any other Act;
AND WHEREAS subsection 11(1) of the Act provides that a local municipality may provide
any service or thing that the municipality considers necessary or desirable for the public;
AND WHEREAS subsection 11(3) of the Act provides a local municipality with jurisdiction
with respect to business licensing;
AND WHEREAS subsection 151(1) of the Act provides that, without limiting Sections 9, 1O
and 11 of the Act, a local municipality may provide for a system of licenses with respect to a
business;
AND WHEREAS subsection 23.2(4) of the Act permits a local municipality to delegate
certain legislative and quasi-judicial powers;
AND WHEREAS subsection 391(1) of the Act provides that a municipality may impose fees
and charges on persons for services or activities provided or done by or on behalf of it;
AND WHEREAS on the following dates, the City held open houses and public meetings with
respect to the licensing proposal: November 3, 2016 and November 7, 2016;
AND WHEREAS Council for the City of Thorold passed Report DES2017-74 on October
1?1\ 2017 to approve the adoption of a by-law to provide for the licensing and regulation of
rental property in the City of Thorold;
AND WHEREAS the Council for the City of Thorold considers it necessary and desirable for
the public to regulate the renting· of residential property for the purpose of protecting the
health and safety of the persons residing in residential rental properties by ensuring that
certain regulations are met; that the required essentials such as plumbing, heating and
water are provided; for ensuring that the residential rental properties do not create a
nuisance to the surrounding properties and neighbourhoods; and, to protect the residential
amenity, character and stability of residential areas.
Now therefore, the Council of The Corporation of the City of Thorold enacts as follows:
1.
SHORT TITLE
This By-Law shall be known as the "Residential Rental Licensing By-Law."
2.
DEFINITIONS
For the purpose of this By-Law:
2.1.
"Apartment building" means a building or part thereof containing at least five (5) or
more separate Dwelling Units, all of which have a common entrance from grade and
each of which has an independent entrance from a common corridor.
2.2.
"Applicant" means and includes any person applying for a license under this By-Law;
2.3.
"Bedroom" means a room or area within a Dwelling Unit, used, designed, equipped or
intended for sleeping.
2
2.4.
"Building" means:
2.4.1. 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 service systems appurtenant
thereto;
2.4.2. A structure occupying an area of 10 square metres or less that contains
plumbing, including the plumbing appurtenant thereto; or
2.4.3. Structures designated in the Building Code.
2.5.
"Building Code" means Ontario Regulation 350/06, as amended.
2.6.
"Building Code Act" means the Building Code Act, 1992, S.O. 1992, c.23, as
amended.
2.7.
"By-Law Enforcement Officer" means the By-Law Enforcement Officer for The
Corporation of the City of Thorold.
2.8.
"Chief Building Official" means The Chief Building Official for The Corporation of the
City of Thorold.
2.9.
"City" means The Corporation of the City of Thorold.
2.10. "Clerk" means the Clerk for The Corporation of the City of Thorold.
2.11. "Converted Dwelling" means a building which has been altered by the creation of
more dwelling units that existed originally, with each dwelling unit having its own
sanitary facilities and cooking facilities.
2.12. "Council" means the City Council of The Corporation of the City of Thorold.
2.13. "Director" means the Director of Development Services Department for The
Corporation of the City of Thorold or, in the alternative, someone designated to act
on his or her behalf.
2.14. "Dwelling Unit" means a unit, whether in whole or in part, that:
2.14.1. Consists of a self-contained set of rooms located in a Building;
2.14.2. Is used, or is intended to be used, as a residence; and
2.14.3. Contains a kitchen and bathroom facilities.
2.15. "Fire Chief" means the Fire Chief of The Corporation of the City of Thorold or, in the
alternative, someone designated to act on his or her behalf.
2.16. "Fire Prevention Officer" means the Fire Prevention Officer for The Corporation of the
City of Thorold or someone designated to act on his or her behalf.
2.17. "Hearing Officer" means the hearing officer as defined and appointed in the City of
Thorold Bylaw 72-2014, as amended.
2.18. "Inspector" means:
2.19 :1. A member of the Fire and Emergency Services of the City and includes
the Fire Chief and any other member of the Fire and Emergency
Services designated by the Fire Chief;
2.19.2. Chief Building Official;
2.19.3. Building Inspectors;
2.19.4. Property Standards Inspectors;
Section
2.13
Amended
through
By-law
107-2018
3
2.19.5. By-Law Enforcement Officers.
2.19. "Licensee" means any person, corporation or partnership licensed under this By-Law.
2.20. "Lot" means any parcel of land with frontage on a road which is a separate parcel of
record or is shown as a whole lot on a Registered Plan of Subdivision, including any
part of which is subject to an easement or right of way.
2.21. "Medical Officer of Health" means the Medical Officer of Health for the Niagara
Region or a person delegated by him or her for the purposes of this By-Law.
2.22. "Occupier" means the person who has the right to occupy a Rental Unit.
2.23. "Ontario Fire Code" means the regulations established through the Fire Protection
and Prevention Act and any amendments and I or alterations made under that Act.
2.24. "Owner" includes a person who, alone or with others, owns a Rental Property.
2.25. "Owner-occupied" means occupied by persons holding at least 50% of the title to the
property as identified in the Ministry of Government and Consumer Services Parcel
Register.
2.26. "Person" shall include an individual, association, charter association, firm,
partnership, corporation or other entity.
2.27. "Police Officer" means a police officer, as defined by the Police Services Act, R.S.O.
1990, c.P.15, as amended.
2.28. "Rent" includes the amount of any consideration paid or required to be paid or given
by or on behalf of a Tenant to a Landlord or the Landlord's agent for the right to
occupy a Rental Unit and for any privilege, accommodation or thing that the Landlord
provides for the Tenant in respect of the occupancy of a Rental Unit.
2.29. "Rental Area" means each Lot that a Rental Unit occupies.
2.30. "Rental Property" includes each building containing a Rental Unit and the Rental
Area.
2.31. "Rental Unit" means a Dwelling Unit offered for Rent.
2.32. "Residential Rental Business" means the operation of a Rental Unit.
2.33. "Tenant" includes a person who pays rent or provides services in lieu of paying rent,
in return for the right to occupy a Rental Unit.
2.34. "Zoning By-Law" means the City of Thorold Comprehensive Zoning By-law, as
amended.
3.
PROHIBITION
3.1.
No person shall do any of the following, except in accordance with a current and valid
license issued under the authority of this By-law:
3.1.1 Carry on a Residential Rental Business;
3.1.2 Permit a Person to carry on a Residential Rental Business;
3.1.3 Collect Rent or permit Rent to be collected for a Rental Unit; or
3.1.4 Hold themselves out as being licensed to carry on a Residential Rental
Business.
3.2.
No person shall fail to comply with a term or condition of a license issued under this
By-law.
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3.3.
No license issued under this By-Law may be transferred to any other Person.
3.4.
No Person shall provide false or misleading information to the City when applying for
a license under this By-law, renewing a license or at any other time.
3.5.
No Person shall carry on a Residential Rental Business while the license issued
under this By-law is under suspension.
4.
EXEMPTION
4.1.
Notwithstanding any other provision of this By-Law to the contrary, a license to carry
on a Residential Rental Business is not required for:
4.1.1. A Rental Unit that is occupied by all Owners of the Rental Unit as their sole
residence and in which no more than two (2) bedrooms are occupied by
Tenants;
4.1.2. A Tenant that is subletting a Rental Unit provided that:
4.1.2.1. The owner of the Rental Unit has obtained a license for the Rental
Property in accordance with the provisions of this By-Law.
4.1.3 A student residence/dormitory operated by a University, College or private
operator provided it is zoned as such under the Zoning By-Law, as amended;
4.1.4 An Apartment Building;
4.1.5 A hotel, an inn or bed and breakfast, as defined by the Zoning By-law;
4.1.6 A group home, as regulated by the City of Thorold Group Home By-Law; or
4.1.7 A Rental Unit to which any of the following statutes, or their regulations apply:
4.1.7.1 The Homes for Special Care Act, R.S.O. 1990, c. H.12, as amended;
4.1.7.2 The Innkeepers Act, R.S.O. 1990, c. 17, as amended;
4.1.7.3 The Long-Term Care Homes Act, 2007, S.O. 2007, c. 8, as
amended;
4.1.7.4 The Retirement Homes Act, 2010, S.0. 2010, c. 11, as amended; and
4.1.7.5 The Social Housing Reform Act, 2000, S.O. 2000, c. 27, as
amended.
5.
LICENSING REQUIREMENTS
5.1
Any Person seeking to obtain or renew a license to carry on a Residential Rental
Business shall:
5.1.1 Be at least eighteen (18) years of age;
5.1.2 Complete the application and provide the supporting material as set out in
Sections 7, 8, and 9 of this By-law; and
5.1.3 Pay the required fee as required by Schedule "A" of this By-law; and, where
applicable, the City's Fees and Charges By-law.
5.2
This By-law applies to all Residential Rental Businesses within the City unless
otherwise exempted by this By-law.
5.3
Each Rental Property shall be individually licensed to carry on the business of the
Residential Rental Business.
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5.4
All fees paid under this By-law are non-refundable.
6.
ADMINISTRATION
6.1.
The power and authority to issue or renew a license, refuse to issue or refuse to
renew a license, to cancel, to impose terms and conditions, including special
conditions, on a license, are hereby delegated to the Director.
6.2.
The Director shall generally perform all of the administrative functions conferred upon
him or her by this By-Law and without limitation may:
6.2.1. Receive and process all applications for all licenses and renewals of licenses
under this By-Law;
6.2.2. Issue licenses in accordance with the provisions of the By-Law;
6.2.3. Impose terms and conditions on licenses in accordance with this By-Law; and,
6.2.4. Refuse to issue or renew a license or revoke or suspend a license in
accordance with this By-Law.
6.3.
The power and authority to hear an appeal from the refusal to issue a license, the
refusal to renew a license, the decision of the Director to suspend a license or impose
conditions is hereby delegated to the Hearing Officer.
7.
APPLICATION FOR A LICENSE AND RENEWAL OF A LICENSE
7.1.
An application for a license shall be made to the Director on the form provided by the
Director and shall include:
7.1.1. The municipal address and legal description of the Rental Property;
7.1.2. The name, municipal address, telephone number and email address of each
Owner;
7.1.3. Evidence of ownership of the property to the satisfaction of the Director;
7.1.4. If an Owner is a corporation, the address of its head office, the name, address,
telephone number and email address of each director and officer and
shareholder and a copy of the:
7.1.4.1.
Owner's Articles of Incorporation; or
7.1.4.2.
A corporate
profile report issued by the Ontario Ministry of
Consumer and Business Services.
7.1.5. If the Applicant or. Licensee is a partnership, the name, municipal address,
telephone number and email address of each partner and details of each
partner's interest in the partnership;
7.1.6. A sworn statement by each Owner certifying the accuracy, truthfulness and
completeness of the application; and
7.1.7. Each Owner's signature or any duly authorized Owner's agents that would
bind the Owner.
7.1.8. Proof of Insurance that:
7.1.8.1.
Includes a limit of liability of no less than $2,000,000 (two million
dollars) per occurrence for property damage and bodily injury; and
7.1.8.2.
Identifies that the proposed use of the premise is that as a
Residential Rental Unit; and
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7.1.8.3.
Requires that the Director be notified of any intended cancellation by
the insurer no fewer than 21 days prior to such cancellation.
7.2.
A license issued under this By-law to carry on a Residential Rental Business expires
two (2) years from the date of issuance, unless suspended or revoked.
7.3.
A renewal application must be filed at least sixty (60) days prior to the current license
expiring. A renewal license must be obtained prior to expiration of a valid license to
qualify as a renewal of license under Section 9.
8.
MATERIAL TO BE FILED IN SUPPORT OF LICENSE APPLICATION
8.1.
Every person applying for a license shall, in addition to completing the application
provided for in Section 7.1, provide the following additional material in support of the
license application:
8.1.1. Floor plan(s) of the Rental Unit including, for each room, its dimensions and
proposed use, clearly indicating the location and number of Bedrooms;
8.1.2. A maintenance plan which identifies the measures that the Owner will take to
ensure compliance with the City's Clean Yards and Property Standards By
Laws and Regional Waste Management By-Law for the Rental Property;
8.1.3. A site sketch that indicates the location of the Rental Unit, any external
garage/recycling facilities, and parking spaces (clearly indicate the number of
spaces provided and their dimensions) for the Rental Property;
8.1.4. Evidence satisfactory to the Director confirming that the Rental Unit and its
proposed use comply with the Electrical Safety Code, 0. Reg. 164199;
8.1.5. A completed self-certification check list;
8.1.6. A completed fire safety plan for the Rental Unit, if required by the Ontario Fire
Code;
8.1.7. The prescribed fee in Schedule 'A'; and
8.1.8. Any other documentation or information as may be required in any other Part
of this By-Law or by the Director.
9.
MATERIAL TO BE FILED IN SUPPORT OF A RENEWAL OF A LICENSE
9.1.
Every person applying for a license renewal shall submit a complete application as
required in Section 7.1 along with the following supporting material:
9.1.1. If no changes have been made to the floor plan, maintenance plan, site
sketch, or fire plan submitted with the original application, a Declaration that
there have been no such changes;
9.1.2. If changes have been made to the floor plan, maintenance plan, site sketch,
or fire plan submitted with the original application:
9.1.2.1.
9.1.2.2.
9.1.2.3.
A revised floor plan of the Rental Unit, including, for each room,
its dimensions and its proposed use clearly indicating the
location and number of Bedrooms, if changes have been made
to the floor plan;
A revised maintenance plan identifying measures that the
Landlord will implement for the purpose of complying with the
City's Clean Yards and Property Standards By-Laws and
Regional Waste Management By-Law, if changes have been
made to the maintenance plan for the Rental Property; and
A revised site sketch that indicates the location of the Rental
Unit, any external garage/recycling facilities, and parking spaces
Section
8.1.6
amended
through
By-law
107-2018
7
)
(clearly indicate the number of spaces provided and their
dimensions) for the Rental Property; ·
9.1.2.4.
A revised fire safety plan for the Rental Unit, if changes have
been made to the fire plan;
9.1.3.
If changes have been made to the electrical installation, evidence
satisfactory to the Director confirming that the Rental Unit and its proposed
use comply with the Electrical Safety Code, 0. Reg. 164199; and
9.1.4.
The prescribed fee(s) in Schedule 'A'.
9.2.
Notwithstanding Section 9.1, the Director may require that an Owner comply with
Section 8.1 where, in the opinion of the Director, the renewal application in respect of
a Rental Property when the Rental Unit and/or Rental Area is substantially different
than an original application.
10.
REVIEW OF APPLICATION AND RENTAL PROPERTY INSPECTION
10.1. The Director may cause such investigations to be undertaken respecting an
application for license as the Director determines to be relevant to the application.
10.2. By filing an application, an Applicant or, in the case of a renewal, a Licensee,
consents to the inspection of the Rental Property including the Rental Unit and/or
Rental Area.
10.3. Upon receipt of a completed application and all accompanying documentation and
the required fees, the City will schedule an inspection of the Rental Property including
the Rental Unit and/or Rental Area.
10.4. The Director may reject an application or its renewal where any of the documents
required by this By-law are incomplete or have not been filed.
10.5. The Director may reject an application or its renewal where any of the documents
required by this By-law are issued prior to the sixtieth (60th day preceding the date
on which the application is submitted.
11.
ISSUANCE OF A LICENSE
11.1. The Director shall issue or renew a license to carry on a Residential Rental Business
to any Person who meets the requirements of this By-law, except where:
11.1.1
The past conduct of the Person who applies for the license affords the
Director reasonable grounds to believe that the Applicant has not or will not
carry on their Residential Rental Business in accordance with applicable
law or with honesty and integrity;
11.1.2
The Director reasonably believes that the issuing of a license for the
Residential Rental Business might be adverse to the public interest;
11.1.3
The Director, acting reasonably, is of the opinion that the Residential
Rental Business being licensed poses a threat to the health and safety of
persons or property; or
11.1.4
The Rental Property is subject to an order, or orders, made pursuant to or
by:
11.1.4.1. The City's Property Standards By-law;
11.1.4.2. The Building Code Act, 1992 or any regulations made under it, including
the Building Code;
11.1.4.3. The Fire Protection and Prevention Act, 1997 S.0. 1997, c.4, as
amended (the "Fire Protection and Prevention Act, 1997"), or any
regulation made under it, including the Fire Code; or
8
11.1.4.4. The Medical Officer of Health;
11.1.5
The Rental Property is not in compliance with the City's Zoning By-law, as
amended;
11.1.6
The Applicant owes any fine or fee to the City in respect of the Rental
Property; or
11.1.7
The Director has received an objection to the issuance of the license by the
Chief Building Official, the Fire Chief or Planning staff.
11.2. Where the Director has made a decision of non-issuance of a license, outlined under
section 11.1, the Director's written notice of that decision shall be given to the
Applicant or the Licensee, in the case of a renewal, by regular mail or email to the
last known address of that Person and shall be deemed to have been given on the
third day after it is mailed. Service on a corporation can be affected by registered
mail or email to the address of the corporation's registered head office.
11.3. The written notice of non-issuance of a license to be given under Section 11.2 shall:
11.3.1.
Set out the reasons for the decision;
11.3.2.
Be signed by the Director; and
11.3.3.
State that the Applicant or Licensee is entitled to a hearing by the
Hearing Officer which shall take place within thirty (30) days of the
notice of decision of the non-issuance of a license under section 11.1 if
the Applicant or Licensee delivers to the Director within ten (10) days
after the notice of decision in subsection 11.2 is served, and provides to
the City the appeal fee as set out in Schedule 'A' of the By-Law.
11.4. Where no appeal is registered within the required time period, the decision of non
issuance of a license made by the Director shall be final as of the day the decision
was made.
11.5. Each license shall include, without limitation, the following:
11.5.1.
11.5.2.
11.5.3.
11.5.4.
11.5.5.
11.5.6.
The license number;
Date the license was issued and the date it expires;
The municipal address of the Rental Property;
The name, address, telephone number and email address of each
Licensee;
Where a Licensee is a corporation, the name, address and telephone
number of each director or of their duly authorized agent;
Where a Licensee is a partnership: the name, address and telephone
number of each partner.
11.6. Every license, at all times, is owned by and is the property of the City and is valid only
in respect of the Person and for the Rental Property name therein.
11.7. Within seventy-two (72) hours of a change in ownership for a Rental Property, the
new Owner shall provide the following to the Director in order to have a license
reissued:
11.7.1.
11.7.2.
11.7.3.
The name, municipal address and telephone number of each Owner;
A copy of the Transfer/Deed evidencing the new ownership;
Proof of Insurance according to Sections 7.1.8. and 12.1.5. of this By
law;
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11.7.4.
A statement by each Owner certifying no changes have been made to
the floor plan, maintenance plan, parking plan, site plan, or fire plan
submitted according to Sections 8.1.1., 8.1.2., 8.1.3., 8.1.6. and 8.1.7.
of this By-Law;
11.7.5.
A statement by each Owner certifying the Rental Property conforms
with Sections 7, 8, and 12 of this By-Law; and
11.7.6.
Each Owners signature or of any duly authorized Owner's agent that
would bind the Owner;
11.7.7.
The prescribed fee in Schedule 'A'.
11.8. Following a change in ownership, a reissued license under this By-Law shall continue
for the period of time for which it was originally issued.
12.
LICENSE CONDITIONS
12.1. The following conditions are attached to each license issued under this By-law.
12.1.1.
The Rental Unit is lawfully constructed.
12.1.2.
No room within the Rental Unit shall be used as a Bedroom except a
Bedroom depicted in the floor plan submitted for the license.
12.1.3.
An Owner shall notify the Director in writing within seven (7) days of any
change to any information provided pursuant to Sections 7, 8, and 9 of
this By-Law.
12.1.4.
A legible copy of the license shall remain and be readily available on
the property.
12.1.5.
The Licensee shall maintain in good standing the following insurance
respecting a Rental Property that:
12.1.5.1.
Includes a limit of liability of not less than $2,000,000 (two
million dollars) per occurrence for property damage and
bodily injury;
12.1.5.2.
Identifies the use as a residential Rental Unit; and
12.1.5.3.
Requires that the Director be notified of any intended
cancellation by the insurer no fewer than twenty-one (21)
days prior to such cancellation;
12.1.6.
The Licensee shall ensure
compliance with all applicable laws
including:
12.1.6.1.
12.1.6.2.
12.1.6.3.
12.1.6.4.
12.1.6.5.
12.1.6.6.
The Health Protection and Promotion Act (Ontario) and its
regulations, as amended;
The Electrical Safety Code, 0. Reg. 164/99, as amended;
The Building Code Act, 1992 (Ontario) and its regulations,
as amended,
The City's Comprehensive Zoning By-Law 2140(97), as
amended,
The City's Property Standards By-Law, as amended;
The City's Clean Yards By-law, as amended; and
Section
12.1.4
amended
through
By-law
107-2018
10
12.1.7.
12.1.8.
12.1.9.
12.1.10.
12.1.11.
12.1.6.7.
The Niagara Region's Waste Management By-Law, as
amended.
The Licensee shall comply with the maintenance plan submitted
pursuant to Sections 8.1.2. and 9.1.2.2. of this By-Law.
The Licensee shall ensure that no vehicle is stopped or parked on any
part of the Rental Property except within a parking space identified on
the parking plan filed pursuant to the provisions of this By-Law.
The Licensee shall allow, at any reasonable time and when permitted
by law, the City to inspect the Rental Property including the Rental Unit
and/or Rental Area.
The Licensee shall ensure that the Rental Property are not constructed
or equipped so as to hinder the enforcement of this By-Law.
If the Licensee is a partnership or a corporation, any change in the
composition of the partnership or of the officers and/or directors of the
corporation shall be reported to the Director within ten (10) days.
12.2. The Director may impose such additional conditions as the Director determines are
appropriate in relation to the issuance of any license at any time during the term of
the license, as are necessary in the opinion of the Director to give effect to the
purposes of this By-Law.
12.3. Where a Person is dissatisfied with any condition imposed by the Director in relation
to a license, the person may request a review by the Hearing Officer.
12.4. Notwithstanding the above, there is no right of appeal from the Director's refusal to
exempt any Person from a condition that represents a minimum standard prescribed
by the Ontario Building Code or the Ontario Fire Code.
12.5. Every Applicant or Licensee who wishes to amend or change the terms or conditions
of an existing license shall submit a new application.
13.
REVOCATION AND SUSPENSION OF LICENSES
13.1. The Director may revoke or suspend a license to carry on a Residential Rental
Business at any time where:
13.1.1.
A Licensee is convicted of contravening any provision of this By-Law;
13.1.2.
A Licensee is convicted of contravening any provision of the Building Code
Act; the Fire Protection and Prevention Act and the Ontario Fire Code;
13.1.3.
There are reasonable grounds for belief that an application or any other
document or information provided on behalf of the Licensee contains a false
statement or.false information;
13.1.4.
A Licensee breaches a condition of the license;
13.1.5.
The license was issued in error;
13.1.6.
The Director, acting reasonably, is of the opinion that the Residential Rental
Business being licensed poses a threat to the health and safety of persons
or property; or
13.1.7
The Director becomes aware of any fact or facts which, if known at the time
of the application, may have resulted in the Director refusing to issue the
license.
13.2. The Director may revoke or suspend a license to carry on a Residential Rental
Business for a period of time and subject to such terms or conditions that the Director
considers appropriate.
11
13.3. The Director, before revoking or suspending a license pursuant to Section 13.1 of this
By-law shall consider:
13.3.1.
The impact of any such license revocation or suspension on any Tenant;
and
13.3.2.
Imposing terms or conditions on any such license revocation or suspension
that would minimize the adverse impact on Tenants, including the possibility
of providing a reasonable time period before the license revocation or
suspension takes place to permit Tenants to find new housing or to seek
relief in a Court or before the Ontario Landlord and Tenant Board;
13.4. The Director shall provide the Licensee notice that their Residential Rental Business
license has been suspended or revoked and provide written reasons outlining why
their license has been suspended or revoked. The Director's written notice of that
decision shall be given to the Licensee by regular mail or email to the last known
address of that Person and shall be deemed to have been given on the third day after
it is mailed. Service on a corporation can be affected by registered mail or email to
the address of the corporation's registered head office.
13.5. The written notice to be given under Section 13.4 shall:
13.5.1.
Set out the reasons for the decision;
13.5.2.
Be signed by the Director; and
13.5.3.
State that the Applicant or Licensee is entitled to a hearing by the Hearing
Officer which shall take place within thirty (30) days of the written notice of
a license being suspended or revoked if the Applicant or Licensee delivers
to the Director within ten (10) days after the notice in subsection 13.4 is
served, and provides to the City the appeal fee as set out in Schedule 'A' of
the By-Law.
13.6. Where the Director suspends or revokes a license for reasons related to public health
and / or safety issues, the license may be automatically suspended by the Director
until such time as a determination on the issue has been made by the Hearing
Officer, provided that:
13.6.1.
Before suspending the license, the City provides the Owner with the
reasons for the suspension either verbally or in writing and an opportunity to
respond to them; and
13.6.2.
The suspension shall not exceed fourteen (14) days, unless otherwise
authorized by the Director.
14.
APPEAL OF THE DIRECTOR'S DECISION TO REFUSE TO ISSUE A LICENSE,
TO IMPOSE CONDITIONS OR TO REVOKE OR SUSPEND A LICENSE
14.1. Any Person who has been denied a license, or the renewal of a license, or has had
their license suspended or revoked, or has had terms or conditions imposed by the
Director, may appeal the decision to a Hearing Officer.
14.2. The provisions of the Statutory Powers Procedure Act, R.S.O. 1990, c.S.22, except
Sections 17, 17.1 and 19 apply to all hearings conducted by the Hearing Officer
under this By-law.
14.3. When the Applicant or Licensee, who has been given written notice of the hearing,
does not attend at the appointed time and place, the Hearing Officer may proceed
with the hearing in his or her absence and the Applicant or Licensee shall not be
entitled to any further notice of the proceeding.
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14.4. At the conclusion of the hearing, the Hearing Officer may give its decision orally or in
writing but in each case it shall provide its decision in writing, with reasons, within
thirty (30) days of the hearing to the Applicant or Licensee and the Director.
14.5. The Hearing Officer may uphold or vary the decision of the Director or make any
decision that the Director was entitled to make in the first instance.
14.6. The decision of the Hearing Officer is final.
15.
INSPECTION
15.1. The City may enter on land at any reasonable time for the purposes of carrying out
an inspection to determine whether or not the following are being complied with:
15.1.1. This By-Law;
15.1.2. A direction or order issued under this By-Law;
15.1.3. A condition of a license issued under this By-Law; or
15.1.4. An order made under Section 431 of the Municipal Act.
15.2. An Inspector may, for the purpose of an inspection:
15.2.1. Require the production for inspection of documents or things relevant to the
inspection;
15.2.2. Inspect or remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
15.2.3. Acquire information from any Person concerning a matter related to the
inspection; and
15.2.4. Alone or in conjunction with a Person possessing special or expert
knowledge, make examination or take test samples or photographs
necessary for the purpose of an inspection.
15.3. No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Person who
is exercising a power or performing a duty under this By-Law, including carrying out
an inspection.
15.4. 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 Dwelling Unit unless:
15.4.1.
The consent of the Occupier is obtained, the Tenant or Owner first having
been informed that the right of entry may be refused and, if refused, may
only be made under the authority of an order issued under section 438 of
the Municipal Act, 2001, a warrant issued under section 439 of the
Municipal Act, 2001 or a warrant under section 386.3 of the Municipal Act,
2001;
15.4.2.
An order issued under section 438 of the Municipal Act, 2001 is obtained;
15.4.3.
A warrant issued under section 439 of the Municipal Act, 2001 is obtained;
15.4.4.
A warrant issued under section 386.3 of the Municipal Act, 2001 is
obtained;
15.4.5.
The delay necessary to obtain an order under section 438 of the Municipal
Act, 2001 to obtain a warrant under section 439 of the Municipal Act, 2001
or to obtain the consent of the Occupier would result in an immediate
danger to the health or safety of any Person, or,
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15.4.6.
The City has given notice of its intention to enter to the Occupier of the land
as required under subsection 435(2) of the Municipal Act, 2001 and the
entry is authorized under sections 79, 80 or 446 of the Municipal Act, 2001.
15.5. This By-law may be enforced by Inspectors and or a Police Officer(s).
16.
PENALTIES
16.1. Every Person who contravenes any provision of this By-Law is guilty of an offence.
16.2. A director or officer of a corporation who knowingly concurs in the contravention of
any provision of this By-Law is guilty of an offence.
16.3. Each Person and/or corporation who contravenes a provisions of this By-law shall:
(a) when given a Penalty Notice in accordance with the City of Thorold's
Administrative Penalty By-law, be liable to pay to the City an Administrative Penalty
in the amount specified by the Administrative Penalty By-law, for each day or part of
a day on which the contravention continues; or
(b) upon conviction be liable to fines as provided for in the Provincial Offences Act,
R.S.O. 1990, c. P.33, as amended.
16.4. If this By-Law is contravened and a conviction entered, in addition to any other
remedy and to any penalty imposed by this By-Law, the court in which the conviction
has been entered and any court of competent jurisdiction thereafter may make an
order:
16.4.1.
Prohibiting the continuation or repetition of the offence by the person
convicted; and
16.4.2.
Requiring the Person convicted to correct the contravention in the manner
and within the period that the court considers appropriate.
17.
GENERAL
17.1. If any term of this By-Law or the application thereof shall to any extent be invalid or
unenforceable, the remainder of this By-Law and / or the application of such term to
circumstances other than those to which it is held invalid or unenforceable, shall not
be affected thereby and each term of this By-Law shall be separately valid and
enforceable to the fullest extent permitted by law.
17.2. If there is a conflict between a provision of the By-Law and a provision of any other
City By-Law, then the more restrictive provision shall apply.
17.3. The obligations imposed by this By-law are in addition to obligations otherwise
imposed by law or by contract.
17.4. The following schedule shall form part of this By-Law:
Schedule 'A' - Fees
18.
DATE OF ENACTMENT
This By-Law shall come into force and effect on the 1st day of January, 2018
Section
16.3
amended
through
By-law
148-2019
14
Read a first, second and third time and finally passed by Council this 21st day of November,
2017.
A. T. (Ted) Luciani, Mayor
Donna Delvecchio, City Clerk
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SCHEDULE 'A'
TO BY-LAW 109-2017
RESIDENTIAL RENTAL LICENSING
SCHEDULE OF FEES
SCHEDULE OF FEES
The following fees are required to be paid with respect to any license application pursuant
to the provisions of this by-law.
Residential Rental License Fee - Initial
(Includes Initial Fire Plan Review Fee)
$500.00
Residential Rental License Fee - Renewal
$400.00
Initial Compliance Inspection Fee
No Charge
Follow Up Compliance Inspection Fee
- When violations found
$120.00
NOTE: The $120.00 fee defined above shall be applicable for each inspection beyond the
Initial Compliance Inspection in which violations of this by-law remain and the rental
requires re-inspection.
Appeal Fee (Condition)
$100.00
Appeal Fee (Refusal, Revocation, Suspension)
$250.00
Change in Ownership Fee
$50.00
Fire Plan Review Fee
(For All Subsequent Fire Plan Reviews After Initial
Plan Submission)
Refer to Fire Services
Fee for Service By-law