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THE CITY OF TIMMINS
BY-LAW No. 2025-9085
BEING A BY-LAW to License, Regulate and Govern Short-Term Rental
Accommodation Uses and amend by-law 2020-8488, Schedule `M' to add
fees
WHEREAS Pursuant to the provisions of Part IV of the Municipal Act, 2001 S. O. 2001,
c.25 (" Municipal Act") the Council of the Corporation of the City of Timmins (" Council")
may provide for a system of licences with respect to businesses;
AND WHEREAS Pursuant to Section 11 of the Municipal Act, Council is exercising its
authority with respect to business licensing in the interest of health and safety, well-being
of persons, consumer protection and nuisance control;
AND WHEREAS Section 436 of the Municipal Act, authorizes a municipality to pass by-
laws providing that the municipality may enter on land at any reasonable time for the
purpose of carrying out an inspection to determine whether or not there is compliance
with a by-law, a direction or order, or a condition of a licence;
AND WHEREAS Sections 390 to 400 of the Municipal Act authorizes a municipality to
pass by- laws imposing fees or charges for services or activities provided or done by it or
on behalf of it;
AND WHEREAS Pursuant to Section 434. 1 of the Municipal Act, Council considers it
desirable to provide for a system of administrative penalties and fees as an additional
means of encouraging compliance with this by-law.
NOW THEREFORE the Council of the City of Timmins hereby enacts as follows:
1. Definitions
In this By-law:
a. " Action" means a proceeding under Part
I or Part III of the Provincial
Offences Act;
b. " Agencies" means those
agencies, authorities, boards, commissions,
departments
and
ministries
that
are
involved
in
the
review
of
an
application; commenting
on
an
application; or, where
applicable, the
inspection of premises;
c. " Agent" means a person duly appointed by the owner to act on their behalf;
d. " Applicant" includes a person seeking a licence or renewal of a licence or a
person whose licence is being considered for revocation or suspension;
e. " Bedroom" means a room or area used, designed, equipped or intended
for sleeping;
f. " By- law Enforcement Officer" means the person appointed by Council to
enforce City by- laws;
g. " City" means the Corporation of the City of Timmins;
h. " Committee" means
the
Appeals
Committee
to
which
Council
has
delegated
the
responsibility
of
handling
appeals, suspensions
and
revocations;
i. "
Council" means Council of the Corporation of the City of Timmins;
j. "
Disturbance" means an event where an action has commenced with
respect to
nuisance, noise or other disturbance;
k. " By-law" means the By- law and Licensing Services;
I. "
Fee" means those fees as set out in By- law No. 2016-7778, as amended,
or re-enacted from time to time;
m. " Fire Chief" means the individual appointed to this position by Council or
their designate, pursuant to the Fire Protection and Prevention Act, 2007;
n. "
Licence" means the certificate issued under this By-law as proof of
licensing under this By-law;
o. " Licensee" means a person licensed under this By-law or a person required
to be licensed under this By- law;
p. " Licensing Officer" means the person or persons appointed by Council to
issue licenses;
q. " Manager" means the Director of Community Services & City Clerk or, in
the event of organizational changes, another unit designated by Council to
carry out responsibilities for the administration and enforcement of this by-
law;
r. " MAT" means the Municipal Transient Accommodation Tax;
s. " Medical Officer
of Health" means the Medical Officer of Health of the
Northeastern Public Health or their designate;
t. " Officer" means the person, or persons, who have been appointed
to
enforce the provisions of this by-law and includes a provincial offences
officer as defined by the Provincial Offences Act, R. S. O. 1990, c. P.33.;
u. " Owner" means the person holding title to the lands on which the Short-
term rental accommodation premises is located;
v. " Premises" means any place, premises or location, or part thereof, in which
a trade, business or occupation of Short-term rental accommodation
is
carried on;
w. " Property Standards By-law" means the Property Standards By-law of the
City enacted under s. 15. 1 of the Building Code Act, 1992 that prescribes
standards for the maintenance and occupancy of property;
x. " Renter" means the person responsible for the rental of the premises by
way
of
concession, permit, lease, licence, rental agreement or similar
commercial arrangement;
y. " Renter's Code of Conduct" means a document that has been prepared by
the Applicant that has been approved by the City that is agreed to, in writing
by a renter that sets out the roles and responsibilities of the renter, including
behavioral expectations as they relate to non-disturbance; which provides
a warning related to the making of a disturbance; and, which identifies
applicable City by-laws that the renter must comply with including the
provisions of this by-law as they relate to, amongst other things, the Site
Plan;
z. " Responsible person" means the person assigned by the owner or operator
of Short-term rental accommodation premises to ensure the premises are
operated in accordance with the provisions of this by-law, the licence and
the relevant provisions of the Fire Code;
aa. " Short-term rental accommodation" ( STA) means a building or structure or
any part thereof that operates or offers a place of temporary residence,
lodging or occupancy by way of concession, permit, lease, licence, rental
agreement or similar commercial arrangement for any period less than
twenty-eight (28) consecutive calendar days, throughout all or any part of a
calendar year. Short-term rental accommodation uses shall not mean or
include
a
motel, hotel, bed
and
breakfast
establishment, hospital,
commercial resort unit, or similar commercial or institutional use;
bb. " Site Plan" means a plan that identifies those measures the owner will
implement so as to ensure compliance with the City's Property Standards
By-law, Waste Collection By-law and any other By- laws related to property
maintenance and/or management to allow for the sleeping of the maximum
number of guests;
cc. " Zoning by-law" means a by-law enacted under s. 34 of the Planning Act
that restricts and/or regulates the use of land.
2. Application
a. The requirements of this by-law apply to the trade, business or occupation
of providing Short-term rental accommodation within the geographic limits
of the City as of the date this by-law comes into effect.
b. Persons
who
own, operate
or
offer
premises
for
Short-term
rental
accommodation as of the effective date of this by-law must file an
application for a licence under this by- law:
i.
for existing premises located within the geographic limits of the
City.
c. The
determination
of
whether
a
licence
application
is " complete" in
accordance with the requirements of this by-law shall be within the sole
discretion of the Manager.
d. For greater certainty, the requirements of this by-law do not apply to a hotel,
motel, bed and breakfast establishment, hospital, or similar commercial or
institutional use as defined by the applicable zoning by-law.
3. Licensing Requirements
a. No person shall carry on any trade, business or occupation of Short-term
rental accommodation unless that person has first obtained a licence from
the City.
b. A person who obtains a licence shall comply with the regulations set out in
this
by- law
for
such
licence. Failure to comply with the
regulations
constitutes an offence.
c. An agent of persons who own, operate or offer premises for Short-term
rental accommodation purposes without a licence shall also be personally
liable for the compliance of their principal, beneficiary or persons they
represent. Failure by such a person to comply with this by-law constitutes
an offence.
d. Licenses issued pursuant to this by-law are conditional upon compliance by
the licensee with all municipal by-laws and compliance with all provincial
and federal laws and regulations and any conditions imposed to the holding
of the licence.
e. No person shall transfer or assign a license issued under this By- law.
f. No person shall enjoy a vested right in the continuance of a license and
upon the issue, renewal, transfer, cancellation or suspension thereof, the
license shall be the property of The Corporation of the City of Timmins.
g. A person who posts a short-term rental listing on a short-term rental
platform, shall include the licence number as set out on the licence issued
under this by-law.
h. No person shall advertise a Short-term rental accommodation without a
licence.
4. Administration
a. The Manager is responsible for the administration and enforcement of this
by-law, or their designate.
b. Every application for a new licence or a renewal or extension of an existing
licence shall be submitted to the City on the forms prescribed.
c. Every application for a new licence or a renewal or extension of an existing
licence shall include:
i.
each owner, applicant and/ or agent's name, address, telephone
number and e- mail address;
ii. a copy of the transfer/deed evidencing
the ownership of the
premises, if required;
iii. in the instance of an applicant or agent acting on behalf of the
owner, an owner's written authorization permitting the applicant or
agent to act on their behalf;
iv. the
rental
agent's
or
agency's
name, address
and
telephone
number;
v. the
rental
agent's
or
agency's
name, address
and
telephone
number;
vi. in the instance of a corporation or partnership; the name, address
and telephone number of each director and officer or partner of
the owner and/or rental agent or agency;
vii. the name, address, telephone number and e- mail address of a
person who has been assigned by the owner or operator to be the
responsible person for the operation and conduct of the inhabitants
of the licensed Short-term rental accommodation premises;
viii. a statement from the owner certifying the accuracy, truthfulness,
and completeness of the application;
ix. proof of placement of insurance specific to the rental nature of the
property that includes a limit of liability of not less than TWO
MILLION DOLLARS ($ 2,000,000.00) per occurrence for property
damage and bodily injury and includes provisions that the City will
be notified of any intended cancellation by the insurer no fewer
than fifteen ( 15) days prior to such cancellation;
x. floor plans and a site plan, drawn to scale and fully dimensioned, of
the Short-term rental accommodation premises depicting the use of
the premises including the proposed occupancy of each room;
occupant
load for sleeping
purposes
of
each
room; location
of
smoke
detection
and
early
warning
devices; location
of
fire
extinguishers, and, related
site
amenities
including
parking,
landscaping and other buildings or structures on the land, septic and
well locations, if applicable;
xi. a Site Plan that complies with the applicable City zoning by- law;
xii. a Site Plan identifying measures the owner will implement for the
purpose of complying with the City's Property Standards By-law and
any
other
by- law
related
to
property
maintenance
and/or
management;
xiii. a Renter's Code of Conduct;
xiv. the prescribed fees; and
xv. any outstanding fees or fines owed to the City by the owner
respecting any Short-term rental accommodation premises.
d. A licensee shall inform the Manager of any changes to the information
provided in subsection ( 3) within a period of 10 days.
e. In addition to the requirements of subsection (3), an applicant shall provide,
if requested, evidence that the use of the Short-term rental accommodation
premises is protected by virtue of s. 34(9)( b) of the Planning Act, R. S. O.
1990, c. P. 13, as amended, with such evidence including, but not be limited
to, a sworn Statutory Declaration confirming the continued use of the
premises for Short-term rental accommodation purposes from prior to the
enactment of a by- law that prohibited such use through to the present;
rental receipts, advertisements and any other records that may be relevant
that are supportive of the establishment and continued use of the premises
for Short-term rental accommodation purposes; and, an opinion, from a
solicitor licensed to practice in Ontario, as to whether the premises is
protected by virtue of s. 34(9)( b) of the Planning Act, R. S.O. 1990, c. P. 13,
as amended, and, in support of that opinion, the reasons why.
f. Every application for a licence will be reviewed by the Manager to determine
whether it meets the requirements of this By-law.
g. As part of the application review, the applicant will arrange sign offs and/or
inspections from agencies deemed necessary and/or relevant by the
Manager, including
but
is
not
limited
to, Fire
Prevention
Department,
Building and Zoning Departments, HVAC inspection conducted by fully
licensed tradesperson, electrical inspection conducted by a fully licensed
electrician, Northeastern Public Health for septic system if applicable.
h. Agencies may require an inspection of the premises prior to the provision
of comments and prior to the consideration of the application by the
Manager. The applicant shall cooperate and facilitate in arranging the
inspection of the premises in a timely manner and shall be in attendance
during the inspection. In the instance of the requirement of the payment of
fees for such an inspection, the applicant shall pay the fees as required
prior to the inspection.
i.
If it is determined that an application meets the requirements of this by- law
and all agencies, the Manager shall issue the licence.
j.
If it is determined that an application does not meet the requirements of this
by- law and the requirements of all of the agencies, the Manager shall refuse
the issuance of the licence.
k. A
licence
shall
be
issued
to
the
owner
of
the
Short-term
rental
accommodation premises.
I.
A licence is valid for a period of one ( 1) year from January 1 of each year.
The yearly amount will be pro- rated if a new application is received
throughout the year).
m. Delayed renewals may result in non-issuance of license by Manager and or
an applicable late fee may be applied.
n. A licensee is not eligible for the renewal of an existing licence unless the
licensee has provided an applicable documentation and payment.
o. A license is not transferable.
p. No person shall enjoy a vested right in the continuance of a licence.
q. Licenses shall remain the property of the City.
r. If at any time the Manager determines as a result of evidence that is
provided that the operation of a licensed Short-term rental accommodation
premises does not conform to the requirements of this by- law, the Manager
may impose an Administrative fee.
s. If at any time the Manager determines as a result of evidence that is
provided that the operation of a licensed Short-term rental accommodation
premises does not conform to the requirements of this by- law, the Manager
may commence with proceedings pursuant to the Provincial Offences Act,
R. S. O. 1990, c. P. 33.
t. A person whose application for a new licence or a renewal of a licence has
been refused may, within fifteen (15) days of being notified of the Manager's
decision, apply
to
the Committee for
a
review
of the decision. If
an
application for review has not been applied for within fifteen ( 15) days, the
licence application will be deemed to be closed. An application for a review
of a decision is not complete until the fee as prescribed is paid.
u. A person who has applied for a review to the Committee of the Manager's
decision noted in subsection ( r) or (s) will be given an opportunity to make
written representations to or to appear before the Committee when
it
reviews the matter.
v. The Committee will review the matter and may affirm, modify or rescind
the decision of the Manager or, in the instance of a licence refusal, direct
that the licence be issued with such terms and/or conditions deemed
appropriate by the Committee or, suspend or revoke a licence.
w. The Appeals Committee decisions in all matters pertaining to this By-law
shall be final.
x. Matters
considered
by
the
Committee
and/ or
Council, including the
information and the location, date and time of the Hearing shall be posted
to the City's website as well as in the local newspaper.
5. General Regulations
a. Applicants
Shall, in
accordance
with
the
City's
Municipal
Transient
Accommodation Tax ( MAT) By- Law, collect the municipal accommodation
tax on behalf of any dwelling unit licenced in their or its name in accordance
with making application for a STR licence under this By-Law.
b. No person shall carry on any trade, business or occupation of Short-term
rental accommodation for which a licence is required under this by- law
unless that person has first obtained a licence.
c. No person shall carry on any trade, business or occupation of Short-term
rental accommodation for which a licence is required under this by- law if
the licence has expired or been revoked; or, while the licence is under
suspension.
d. No person shall carry on any trade business or occupation of Short-term
rental accommodation for which a licence is required under this by- law
where proof of consent from condo corporation/ strata and property owners
for a unit to be used as short-term rental has not been obtained.
e. No person shall provide false information or give a false statement to an
officer, employee and/or agent of the Municipality in the lawful exercise of
a power or duty under this by- law.
f. A person is not eligible to hold a licence if the proposed use of the land,
building or structure is not permitted by the zoning by-law that applies to
the property.
g. A person is not eligible to hold a licence unless the person has provided a
statement prepared by the Chief Fire Prevention Officer dated within a
period of six ( 6) months of the date of application for licence indicating that
the premises conforms to the Fire Protection and Prevention Act, 2007 and
its regulations as they relate to the operation and use of the premises for
Short-term rental accommodation purposes with such statement indicating
the occupant load for sleeping purposes for the premises.
h. For any short-term rental on a septic system, the applicant will be required
to obtain a signature from the Northeastern Public health Unit regarding an
installed septic system and its capacity that will support the STR premises.
i.
A person is not eligible to hold a licence if the person is indebted to the City
in respect of fines, penalties, judgments or any other amounts owing,
including awarding of legal costs and disbursements and outstanding
property taxes and late payment charges against all properties owned by
the owner.
j. A person is not eligible to hold a licence if the property to be used for
carrying
on
the trade, business or occupation
does not conform with
applicable federal and provincial law and regulations or municipal by-laws,
including, but not limited to, the Zoning By-law; the Property Standards By-
law; the Building Code Act, 1992; the Building Code; the Fire Protection
and Prevention Act, 2007; the Fire Code; the Ontario Electrical Safety
Code; or an order of the Medical Officer of Health.
k. The owner shall operate the Short-term rental accommodation premises in
accordance with the Site Plan that has been approved by the Manager/By-
law.
I.
The owner shall keep a record of the renter with such record containing the
date of entry, the length of stay and confirmation of receipt of the Renter's
Code of Conduct with such record readily available for inspection at all
times by an Officer for a period of two years.
m. The owner shall display the licence permanently in a prominent place in the
Short-term rental accommodation premises to which it applies.
n. Each licence shall include the following:
i.
building/ site/location address/identifier ( i. e., emergency or 91
1
number);
ii. licence number;
iii. effective date and expiry date of the licence;
iv. owner's name and contact information;
v. rental agent or agency's name and contact information;
vi. responsible person's name and contact information; and
vii. a plan, that is plagued or framed, that depicts the location of each
bedroom, smoke
alarm, extinguisher
and
exit/egress
door
or
window.
o. The owner of Short-term rental accommodation premises shall ensure that
there is a responsible person available to attend to the Short-term rental
accommodation premises at all times within a period of no greater than one
hour from the time of contact by way of telephone or e-mail.
p. The
owner and
operator
of
a
short-term
rental
shall
ensure that
an
information package is available for guests containing the following:
i.
copy of approved site plan and floor plan;
ii. Short-term Rental Code of Conduct as prepared by the City; and
iii. quick reference guide for applicable by- laws as prepared by the
City.
q. The owner of
Short-term
rental
accommodation
premises for which
a
licence is required under this by-law shall allow, at any reasonable time, an
employee or agent of the City to inspect the premises used for the purposes
of Short-term rental accommodation so as to determine compliance with
the
requirements
of
this
by- law, Fire
Code, Building
Code, Property
Standards By-law or other applicable law.
r. No person shall obstruct, hinder or otherwise interfere with an Officer or
agent of the City while carrying out an investigation, making inquiries, or
performing an inspection for the purposes of enforcing this by- law or any
other municipal by-law or provincial legislation or regulation.
s. No person shall construct or equip a place of business or premises used
for the business so as to hinder the enforcement of this by-law.
t. Every owner shall maintain the Short-term rental accommodation premises
in a clean and sanitary condition, with adequate measures for the storage
and disposal of garbage and waste and sufficient levels of illumination to
permit the safe use of the premises. For the purposes of this subsection,
adequate measures for the storage and disposal of waste shall mean a self-
enclosed building, structure or container, located outside of the Short-term
rental accommodation premises, which is of a sufficient size that will store
the garbage and waste generated by the premises until such garbage and
waste is disposed of.
u. The owner and operator of a STR shall provide parking on the site in
accordance with the parking requirements for the applicable zone and
permitted use within the Zoning by- law. The applicant will be required to
clearly indicate where parking spaces are to be located on an approved site
plan.
v. Every licensee shall ensure that the Short-term rental accommodation
premises is operated and used in a fashion such that the operation or use
will not cause a disturbance.
w. Every
licensee
shall
operate
the
Short-term
rental
accommodation
premises in accordance with all City by-laws including, but not limited to,
the City's
Noise
Control
By-law, Property
Standards By- law, Garbage
Collection By-law, Snow on Street By-law.
x. Every licensee shall ensure that any applicable provincial or federal laws or
statutes including the Ontario Fire Code and laws related to the making of
a disturbance are complied with. Further, every licensee shall include in
such undertaking a confirmation that they will require that each renter enter
into a Renter's Code.
y. The Manager may revoke a licence if it was issued on mistaken, false or
incorrect information.
6. Fees and Cost Recovery
a. Fees shall be levied in accordance to the User Fee By- Law 2020-8488.
b. Where an Officer conducts an inspection and determines that a STR is
not in compliance with this By- Law, the Officer may impose an inspection
fee in accordance with the User Fee By-Law.
c. Every owner shall pay the fees as set out in the User Fee By-Law which
becomes due and payable upon written notification by an Officer, or upon
issuance of an invoice by the City.
d. Where an owner is in default of payment of fees for more than 30 calendar
days after due, the City may add the cost to the tax roll of the subject
property and collect the amount in the same manner as property taxes.
7. Appeals Committee
a. Council hereby appoints the Committee of Adjustment to Act as the Appeals
committee.
8. Revocation and Suspension
a. In accordance with Section 4( t)&( u), the Committee may affirm, modify or
rescind the decision of the Manager or, in the instance of a licence refusal,
direct that the licence be issued with such terms and/or conditions deemed
appropriate by the Committee or, suspend or revoke a licence.
b. Regard to the nature, severity and frequency of non-compliances related to
the premises shall be considered by the Committee in considering the
length of a suspension and/ or a revocation.
9. Offence and Penalty Provisions
a. Every person who contravenes any provision of this bylaw is guilty of an
offence and upon conviction
is liable to a fine as provided for by the
Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended
b. If this by-law is contravened and a conviction entered, the court in which
the conviction has been entered and any court of competent jurisdiction
thereafter may, in addition to any other remedy and to any penalty that is
imposed, make an order prohibiting the continuation or repetition of the
offence by the person convicted.
c. If this by- law is contravened and a conviction entered, the court may also
order that the premises or part of the premises be closed to any use as
Short-term rental accommodation.
d. In addition to any other remedy it may have at law, the Municipality shall be
entitled to enforce this By-law in accordance with Section 442 and 446 of
the Municipal Act, 2001, as amended.
10. Delegation
Pursuant to Section 23.2 ( 1) Sections 9, 10 and 11 do not authorize a municipality
to delegate legislative and quasi-judicial powers under any Act except those listed
in subsection ( 2) and the legislative and quasi-judicial powers under the listed Acts
may be delegated only to,
c) an individual who is an officer, employee or agent of the municipality.
This authority is hereby delegated to the Director of Community Services & City
Clerk.
11. Validity
If a court of competent jurisdiction declares any provision, or any part of a provision,
of this bylaw to be invalid, or to be of no force and effect, it is the intention of Council
in enacting this bylaw that each and every provision of this by-law authorized by
law be applied and enforced in accordance with its terms to the extent possible
according to law.
12. Schedules
The following Schedules are attached hereto and form part of this Agreement:
a)
Schedule "A" -- User Fee By- Law
b) Schedule " B" -- Set Fine Schedule
13. Short Title
This By- law shall be known as the " Short-term rental accommodation Licensing
By- law".
14. Effective Date
This By- law comes into effect on the date of passing.
READ a first and second time this
14th day of January, 2025.
READ a third and final time and enacted and passed this
14th day of January, 2025.
MAYGR ( Michelle Boileau)
v1
DEPUTY CLERK( Dave Landers)
t11111/
s
U_ i.
t - 7
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Illlk1111
SHEDULE "A"
CITY OF TIMMINS
BY- LAW 2025- 9085
CLERK' S DEPARTMENT USER FEES
By-law 2020- 8488, Schedule ' M':
Fee invoiced to property owner when an investigation confirms that
their property does not comply with the City's Short-Term Rental' s
By-law
Registration fee
1500
Renewal fee
1000
Upon issuance of first warning letter/ notice
75
Upon issuance of second warning letter/notice
150
Late renewal fee
100
Inspection fee
100
Upon issuance of a summons
500 + Legal Fees
SHEDULE " B"
CITY OF TIMMINS
BY- LAW 2025-9085
PART I Provincial Offences Act
BY- LAW 2025-9085: Short Term Rental BY- LAW SET FINES
BY-LAW NO. 2025-9085: Being a by-law to Regulate Short Term Rentals in the City of
Timmins.
ITEM
Short Form Wording
Provision
Set
creating
or
Fine
defining offence
1
Fail to
register Short
Section 5( b)
500. 00
Term Rental
2
Fail
to
produce
Section 5( 1)
500. 00
records of Short-Term
Rental
3
Obstruct Officer
Section 5( r)
500.00
3
Fail
to
maintain
Section 5(t)
500. 00
premise
in
a
clean
and sanitary condition
5
Allow disturbance
Section 5( v)
500. 00
NOTE: The penalty provision for the offences indicated above is section 9( a) of by-law no.
2025-9085, a certified copy of which has been filed.
THE CITY OF TIMMINS
BY- LAW No. 2025-9085
BEING A BY-LAW to License, Regulate and Govern Short-Term Rental
Accommodation Uses and amend by-law 2020-8488, Schedule `M' to add
fees
WHEREAS Pursuant to the provisions of Part IV of the Municipal Act, 2001 S. O. 2001,
c. 25 (" Municipal Act") the Council of the Corporation of the City of Timmins (" Council")
may provide for a system of licences with respect to businesses;
AND WHEREAS Pursuant to Section 11 of the Municipal Act, Council is exercising its
authority with respect to business licensing in the interest of health and safety, well- being
of persons, consumer protection and nuisance control;
AND WHEREAS Section 436 of the Municipal Act, authorizes a municipality to pass by-
laws providing that the municipality may enter on land at any reasonable time for the
purpose of carrying out an inspection to determine whether or not there is compliance
with a by- law, a direction or order, or a condition of a licence;
AND WHEREAS Sections 390 to 400 of the Municipal Act authorizes a municipality to
pass by- laws imposing fees or charges for services or activities provided or done by it or
on behalf of it;
AND WHEREAS Pursuant to Section 434. 1 of the Municipal Act, Council considers it
desirable to provide for a system of administrative penalties and fees as an additional
means of encouraging compliance with this by- law.
NOW THEREFORE the Council of the City of Timmins hereby enacts as follows:
1.
Definitions
In this By- law:
a. " Action" means a proceeding under Part
I or Part
III of the Provincial
Offences Act;
b. " Agencies" means
those
agencies, authorities, boards, commissions,
departments
and
ministries
that
are
involved
in
the
review
of
an
application; commenting
on
an
application; or, where
applicable, the
inspection of premises;
c. " Agent" means a person duly appointed by the owner to act on their behalf;
d. " Applicant" includes a person seeking a licence or renewal of a licence or a
person whose licence is being considered for revocation or suspension;
e. " Bedroom" means a room or area used, designed, equipped or intended
for sleeping;
f. " By- law Enforcement Officer" means the person appointed by Council to
enforce City by- laws;
g. " City" means the Corporation of the City of Timmins;
h. "
Committee" means
the
Appeals
Committee
to
which
Council
has
delegated
the
responsibility
of
handling
appeals, suspensions
and
revocations;
i. "
Council" means Council of the Corporation of the City of Timmins;
j. "
Disturbance" means an event where an action has commenced with
respect to
nuisance, noise or other disturbance;
k. " By-law" means the By-law and Licensing Services;
I. "
Fee" means those fees as set out in By- law No. 2016-7778, as amended,
or re- enacted from time to time;
m. " Fire Chief" means the individual appointed to this position by Council or
their designate, pursuant to the Fire Protection and Prevention Act, 2007;
n. "
Licence" means the certificate issued under this By- law as proof of
licensing under this By-law;
o. " Licensee" means a person licensed under this By-law or a person required
to be licensed under this By-law;
p. " Licensing Officer" means the person or persons appointed by Council to
issue licenses;
q. " Manager" means the Director of Community Services & City Clerk or, in
the event of organizational changes, another unit designated by Council to
carry out responsibilities for the administration and enforcement of this by-
law;
r. " MAT" means the Municipal Transient Accommodation Tax;
s. " Medical Officer of Health" means the Medical Officer of Health of the
Northeastern Public Health or their designate;
t. " Officer" means the person, or persons, who have been appointed to
enforce the provisions of this by-law and includes a provincial offences
officer as defined by the Provincial Offences Act, R. S.O. 1990, c. P. 33.;
u. " Owner" means the person holding title to the lands on which the Short-
term rental accommodation premises is located;
v. " Premises" means any place, premises or location, or part thereof, in which
a trade, business or occupation of Short-term rental accommodation is
carried on;
w. " Property Standards By-law" means the Property Standards By-law of the
City enacted under s. 15. 1 of the Building Code Act, 1992 that prescribes
standards for the maintenance and occupancy of property;
x. " Renter" means the person responsible for the rental of the premises by
way
of
concession, permit, lease, licence, rental
agreement
or similar
commercial arrangement;
y. " Renter's Code of Conduct" means a document that has been prepared by
the Applicant that has been approved by the City that is agreed to, in writing
by a renter that sets out the roles and responsibilities of the renter, including
behavioral expectations as they relate to non-disturbance; which provides
a warning related to the making of a disturbance; and, which identifies
applicable City by- laws that the renter must comply with including the
provisions of this by-law as they relate to, amongst other things, the Site
Plan;
z. " Responsible person" means the person assigned by the owner or operator
of Short-term rental accommodation premises to ensure the premises are
operated in accordance with the provisions of this by-law, the licence and
the relevant provisions of the Fire Code;
aa. "Short-term rental accommodation" ( STA) means a building or structure or
any part thereof that operates or offers a place of temporary residence,
lodging or occupancy by way of concession, permit, lease, licence, rental
agreement or similar commercial arrangement for any period less than
twenty-eight (28) consecutive calendar days, throughout all or any part of a
calendar year. Short-term rental accommodation uses shall not mean or
include
a
motel, hotel, bed
and
breakfast
establishment, hospital,
commercial resort unit, or similar commercial or institutional use;
bb. " Site
Plan" means a plan that identifies those measures the owner will
implement so as to ensure compliance with the City's Property Standards
By- law, Waste Collection By-law and any other By-laws related to property
maintenance and/ or management to allow for the sleeping of the maximum
number of guests;
cc. " Zoning by-law" means a by-law enacted under s. 34 of the Planning Act
that restricts and/or regulates the use of land.
2. Application
a. The requirements of this by-law apply to the trade, business or occupation
of providing Short-term rental accommodation within the geographic limits
of the City as of the date this by-law comes into effect.
b. Persons
who
own, operate
or
offer
premises
for
Short-term
rental
accommodation
as of the effective date
of this
by-law must file an
application for a licence under this by-law:
i.
for existing premises located within the geographic limits of the
City.
c. The
determination
of
whether
a
licence
application
is " complete" in
accordance with the requirements of this by-law shall be within the sole
discretion of the Manager.
d. For greater certainty, the requirements of this by-law do not apply to a hotel,
motel, bed and breakfast establishment, hospital, or similar commercial or
institutional use as defined by the applicable zoning by- law.
3. Licensing Requirements
a. No person shall carry on any trade, business or occupation of Short-term
rental accommodation unless that person has first obtained a licence from
the City.
b. A person who obtains a licence shall comply with the regulations set out in
this
by-law for
such
licence. Failure
to comply with
the
regulations
constitutes an offence.
c. An agent of persons who own, operate or offer premises for Short-term
rental accommodation purposes without a licence shall also be personally
liable for the compliance of their principal, beneficiary or persons they
represent. Failure by such a person to comply with this by-law constitutes
an offence.
d. Licenses issued pursuant to this by-law are conditional upon compliance by
the licensee with all municipal by-laws and compliance with all provincial
and federal laws and regulations and any conditions imposed to the holding
of the licence.
e. No person shall transfer or assign a license issued under this By- law.
f. No person shall enjoy a vested right in the continuance of a license and
upon the issue, renewal, transfer, cancellation or suspension thereof, the
license shall be the property of The Corporation of the City of Timmins.
g. A person who posts a short-term rental listing on a short-term rental
platform, shall include the licence number as set out on the licence issued
under this by- law.
h. No person shall advertise a Short-term rental accommodation without a
licence.
4. Administration
a. The Manager is responsible for the administration and enforcement of this
by- law, or their designate.
b. Every application for a new licence or a renewal or extension of an existing
licence shall be submitted to the City on the forms prescribed.
c. Every application for a new licence or a renewal or extension of an existing
licence shall include:
i.
each owner, applicant and/or agent's name, address, telephone
number and e- mail address;
ii. a copy of the transfer/deed evidencing the ownership
of the
premises, if required;
iii. in the instance of an applicant or agent acting on behalf of the
owner, an owner's written authorization permitting the applicant or
agent to act on their behalf;
iv. the
rental
agent's
or
agency's
name, address
and
telephone
number;
v. the
rental
agent's
or
agency's
name, address
and
telephone
number;
vi. in the instance of a corporation or partnership; the name, address
and telephone number of each director and officer or partner of
the owner and/ or rental agent or agency;
vii. the name, address, telephone number and e- mail address of a
person who has been assigned by the owner or operator to be the
responsible person for the operation and conduct of the inhabitants
of the licensed Short-term rental accommodation premises;
viii. a statement from the owner certifying the accuracy, truthfulness,
and completeness of the application;
ix. proof of placement of insurance specific to the rental nature of the
property that includes a limit of liability of not less than TWO
MILLION DOLLARS ($ 2,000,000.00) per occurrence for property
damage and bodily injury and includes provisions that the City will
be notified of any intended cancellation by the insurer no fewer
than fifteen ( 15) days prior to such cancellation;
x. floor plans and a site plan, drawn to scale and fully dimensioned, of
the Short-term rental accommodation premises depicting the use of
the premises including the proposed occupancy of each room;
occupant
load for sleeping
purposes
of
each
room; location of
smoke
detection
and
early
warning
devices; location
of
fire
extinguishers, and, related
site
amenities
including
parking,
landscaping and other buildings or structures on the land, septic and
well locations, if applicable;
xi. a Site Plan that complies with the applicable City zoning by-law;
xii. a Site Plan identifying measures the owner will implement for the
purpose of complying with the City's Property Standards By- law and
any
other
by- law
related
to
property
maintenance
and/or
management;
xiii. a Renter's Code of Conduct;
xiv. the prescribed fees; and
xv. any outstanding fees or fines owed to the City by the owner
respecting any Short-term rental accommodation premises.
d. A licensee shall inform the Manager of any changes to the information
provided in subsection ( 3) within a period of 10 days.
e. In addition to the requirements of subsection (3), an applicant shall provide,
if requested, evidence that the use of the Short-term rental accommodation
premises is protected by virtue of s. 34(9)( b) of the Planning Act, R. S. O.
1990, c. P. 13, as amended, with such evidence including, but not be limited
to, a sworn Statutory Declaration confirming the continued use of the
premises for Short-term rental accommodation purposes from prior to the
enactment of a by-law that prohibited such use through to the present;
rental receipts, advertisements and any other records that may be relevant
that are supportive of the establishment and continued use of the premises
for Short-term rental accommodation purposes; and, an opinion, from a
solicitor licensed to practice
in Ontario, as to whether the premises is
protected by virtue of s. 34( 9)( b) of the Planning Act, R. S.O. 1990, c. P. 13,
as amended, and, in support of that opinion, the reasons why.
f. Every application for a licence will be reviewed by the Manager to determine
whether it meets the requirements of this By- law.
g. As part of the application review, the applicant will arrange sign offs and/or
inspections from agencies deemed necessary and/or relevant by the
Manager, including
but
is
not
limited
to, Fire
Prevention
Department,
Building and Zoning Departments, HVAC inspection conducted by fully
licensed tradesperson, electrical inspection conducted by a fully licensed
electrician, Northeastern Public Health for septic system if applicable.
h. Agencies may require an inspection of the premises prior to the provision
of comments and prior to the consideration of the application by the
Manager. The applicant shall cooperate and facilitate in arranging the
inspection of the premises in a timely manner and shall be in attendance
during the inspection. In the instance of the requirement of the payment of
fees for such an inspection, the applicant shall pay the fees as required
prior to the inspection.
i.
If it is determined that an application meets the requirements of this by- law
and all agencies, the Manager shall issue the licence.
j. If it is determined that an application does not meet the requirements of this
by-law and the requirements of all of the agencies, the Manager shall refuse
the issuance of the licence.
k. A
licence
shall
be
issued
to
the
owner
of
the
Short-term
rental
accommodation premises.
I.
A licence is valid for a period of one ( 1) year from January 1 of each year.
The yearly amount will be pro-rated if a new application is received
throughout the year).
m. Delayed renewals may result in non- issuance of license by Manager and or
an applicable late fee may be applied.
n. A licensee is not eligible for the renewal of an existing licence unless the
licensee has provided an applicable documentation and payment.
o. A license is not transferable.
p. No person shall enjoy a vested right in the continuance of a licence.
q. Licenses shall remain the property of the City.
r. If at any time the Manager determines as a result of evidence that is
provided that the operation of a licensed Short-term rental accommodation
premises does not conform to the requirements of this by- law, the Manager
may impose an Administrative fee.
s. If at any time the Manager determines as a result of evidence that is
provided that the operation of a licensed Short-term rental accommodation
premises does not conform to the requirements of this by-law, the Manager
may commence with proceedings pursuant to the Provincial Offences Act,
R. S.O. 1990, c. P. 33.
t. A person whose application for a new licence or a renewal of a licence has
been refused may, within fifteen (15) days of being notified of the Manager's
decision, apply
to
the
Committee for
a
review
of the decision. If an
application for review has not been applied for within fifteen ( 15) days, the
licence application will be deemed to be closed. An application for a review
of a decision is not complete until the fee as prescribed is paid.
u. A person who has applied for a review to the Committee of the Manager's
decision noted in subsection ( r) or (s) will be given an opportunity to make
written representations to or to appear before the Committee when it
reviews the matter.
v. The Committee will review the matter and may affirm, modify or rescind
the decision of the Manager or, in the instance of a licence refusal, direct
that the licence be issued with such terms and/or conditions deemed
appropriate by the Committee or, suspend or revoke a licence.
w. The Appeals Committee decisions in all matters pertaining to this By-law
shall be final.
x. Matters
considered
by
the
Committee
and/or
Council, including
the
information and the location, date and time of the Hearing shall be posted
to the City's website as well as in the local newspaper.
5. General Regulations
a. Applicants
Shall, in
accordance
with
the
City's
Municipal
Transient
Accommodation Tax ( MAT) By- Law, collect the municipal accommodation
tax on behalf of any dwelling unit licenced in their or its name in accordance
with making application for a STR licence under this By- Law.
b. No person shall carry on any trade, business or occupation of Short-term
rental accommodation for which a licence is required under this by-law
unless that person has first obtained a licence.
c. No person shall carry on any trade, business or occupation of Short-term
rental accommodation for which a licence is required under this by-law if
the licence has expired or been revoked; or, while the licence is under
suspension.
d. No person shall carry on any trade business or occupation of Short-term
rental accommodation for which a licence is required under this by- law
where proof of consent from condo corporation/ strata and property owners
for a unit to be used as short-term rental has not been obtained.
e. No person shall provide false information or give a false statement to an
officer, employee and/or agent of the Municipality in the lawful exercise of
a power or duty under this by-law.
f. A person is not eligible to hold a licence if the proposed use of the land,
building or structure is not permitted by the zoning by- law that applies to
the property.
g. A person is not eligible to hold a licence unless the person has provided a
statement prepared by the Chief Fire Prevention Officer dated within a
period of six ( 6) months of the date of application for licence indicating that
the premises conforms to the Fire Protection and Prevention Act, 2007 and
its regulations as they relate to the operation and use of the premises for
Short-term rental accommodation purposes with such statement indicating
the occupant load for sleeping purposes for the premises.
h. For any short-term rental on a septic system, the applicant will be required
to obtain a signature from the Northeastern Public health Unit regarding an
installed septic system and its capacity that will support the STR premises.
i.
A person is not eligible to hold a licence if the person is indebted to the City
in respect of fines, penalties, judgments or any other amounts owing,
including awarding of legal costs and disbursements and outstanding
property taxes and late payment charges against all properties owned by
the owner.
j. A person is not eligible to hold a licence if the property to be used for
carrying
on
the
trade, business
or occupation
does not conform
with
applicable federal and provincial law and regulations or municipal by-laws,
including, but not limited to, the Zoning By-law; the Property Standards By-
law; the Building Code Act, 1992; the Building Code; the Fire Protection
and Prevention Act, 2007; the Fire Code; the Ontario Electrical Safety
Code; or an order of the Medical Officer of Health.
k. The owner shall operate the Short-term rental accommodation premises in
accordance with the Site Plan that has been approved by the Manager/By-
law.
I.
The owner shall keep a record of the renter with such record containing the
date of entry, the length of stay and confirmation of receipt of the Renter's
Code of Conduct with such record readily available for inspection at all
times by an Officer for a period of two years.
m. The owner shall display the licence permanently in a prominent place in the
Short-term rental accommodation premises to which it applies.
n. Each licence shall include the following:
i.
building/ site/ location address/identifier ( i. e., emergency or 91
1
number);
ii. licence number;
iii. effective date and expiry date of the licence;
iv. owner's name and contact information;
v. rental agent or agency's name and contact information;
vi. responsible person' s name and contact information; and
vii. a plan, that is plagued or framed, that depicts the location of each
bedroom, smoke
alarm, extinguisher
and
exit/egress
door
or
window.
o. The owner of Short-term rental accommodation premises shall ensure that
there is a responsible person available to attend to the Short-term rental
accommodation premises at all times within a period of no greater than one
hour from the time of contact by way of telephone or e- mail.
p. The
owner
and
operator of
a
short-term
rental
shall
ensure
that
an
information package is available for guests containing the following:
i.
copy of approved site plan and floor plan;
ii. Short-term Rental Code of Conduct as prepared by the City; and
iii. quick reference guide for applicable by- laws as prepared by the
City.
q. The owner of Short-term
rental accommodation
premises for which a
licence is required under this by-law shall allow, at any reasonable time, an
employee or agent of the City to inspect the premises used for the purposes
of Short-term rental accommodation so as to determine compliance with
the
requirements
of
this by-law, Fire
Code, Building
Code, Property
Standards By-law or other applicable law.
r. No person shall obstruct, hinder or otherwise interfere with an Officer or
agent of the City while carrying out an investigation, making inquiries, or
performing an inspection for the purposes of enforcing this by-law or any
other municipal by-law or provincial legislation or regulation.
s. No person shall construct or equip a place of business or premises used
for the business so as to hinder the enforcement of this by-law.
t. Every owner shall maintain the Short-term rental accommodation premises
in a clean and sanitary condition, with adequate measures for the storage
and disposal of garbage and waste and sufficient levels of illumination to
permit the safe use of the premises. For the purposes of this subsection,
adequate measures for the storage and disposal of waste shall mean a self-
enclosed building, structure or container, located outside of the Short-term
rental accommodation premises, which is of a sufficient size that will store
the garbage and waste generated by the premises until such garbage and
waste is disposed of.
u. The owner and operator of a STR shall provide parking on the site in
accordance with the parking requirements for the applicable zone and
permitted use within the Zoning by-law. The applicant will be required to
clearly indicate where parking spaces are to be located on an approved site
plan.
v. Every licensee shall ensure that the Short-term rental accommodation
premises is operated and used in a fashion such that the operation or use
will not cause a disturbance.
w. Every
licensee
shall
operate
the
Short-term
rental
accommodation
premises in accordance with all City by-laws including, but not limited to,
the City's
Noise
Control By- law, Property Standards By-law, Garbage
Collection By-law, Snow on Street By-law.
x. Every licensee shall ensure that any applicable provincial or federal laws or
statutes including the Ontario Fire Code and laws related to the making of
a disturbance are complied with. Further, every licensee shall include in
such undertaking a confirmation that they will require that each renter enter
into a Renter's Code.
y. The Manager may revoke a licence if it was issued on mistaken, false or
incorrect information.
6. Fees and Cost Recovery
a. Fees shall be levied in accordance to the User Fee By- Law 2020-8488.
b. Where an Officer conducts an inspection and determines that a STR is
not in compliance with this By- Law, the Officer may impose an inspection
fee in accordance with the User Fee By-Law.
c. Every owner shall pay the fees as set out in the User Fee By-Law which
becomes due and payable upon written notification by an Officer, or upon
issuance of an invoice by the City.
d. Where an owner is in default of payment of fees for more than 30 calendar
days after due, the City may add the cost to the tax roll of the subject
property and collect the amount in the same manner as property taxes.
7. Appeals Committee
a. Council hereby appoints the Committee of Adjustment to Act as the Appeals
committee.
8. Revocation and Suspension
a. In accordance with Section 4(t)&( u), the Committee may affirm, modify or
rescind the decision of the Manager or, in the instance of a licence refusal,
direct that the licence be issued with such terms and/or conditions deemed
appropriate by the Committee or, suspend or revoke a licence.
b. Regard to the nature, severity and frequency of non-compliances related to
the premises shall be considered by the Committee in considering the
length of a suspension and/or a revocation.
9. Offence and Penalty Provisions
a. Every person who contravenes any provision of this bylaw is guilty of an
offence and upon conviction is liable to a fine as provided for by the
Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended
b. If this by-law is contravened and a conviction entered, the court in which
the conviction has been entered and any court of competent jurisdiction
thereafter may, in addition to any other remedy and to any penalty that is
imposed, make an order prohibiting the continuation or repetition of the
offence by the person convicted.
c. If this by-law is contravened and a conviction entered, the court may also
order that the premises or part of the premises be closed to any use as
Short-term rental accommodation.
d. In addition to any other remedy it may have at law, the Municipality shall be
entitled to enforce this By-law in accordance with Section 442 and 446 of
the Municipal Act, 2001, as amended.
10. Delegation
Pursuant to Section 23.2 ( 1) Sections 9, 10 and 11 do not authorize a municipality
to delegate legislative and quasi-judicial powers under any Act except those listed
in subsection ( 2) and the legislative and quasi-judicial powers under the listed Acts
may be delegated only to,
c) an individual who is an officer, employee or agent of the municipality.
This authority is hereby delegated to the Director of Community Services & City
Clerk.
11. Validity
If a court of competent jurisdiction declares any provision, or any part of a provision,
of this bylaw to be invalid, or to be of no force and effect, it is the intention of Council
in enacting this bylaw that each and every provision of this by-law authorized by
law be applied and enforced in accordance with its terms to the extent possible
according to law.
12. Schedules
The following Schedules are attached hereto and form part of this Agreement:
c)
Schedule "A"-- User Fee By- Law
d) Schedule " B" -- Set Fine Schedule
13. Short Title
This By- law shall be known as the " Short-term rental accommodation Licensing
By- law".
14. Effective Date
This By- law comes into effect on the date of passing.
READ a first and second time this 14th day of January, 2025.
READ a third and final time and enacted and passed this 14th day of January, 2025.
CERTIFIED TRUE COPY
SGD) MICHELLE BOILEAU
OF BY-LAW NO. 2025- 9085
MAYOR
U4/k.
SGD) DAVE LANDERS
DEPUTY CLERK
DEPUTY CLERK
SHEDULE "A"
CITY OF TIMMINS
BY- LAW 2025- 9085
CLERK' S DEPARTMENT USER FEES
By-law 2020-8488, Schedule ' M':
Fee invoiced to property owner when an investigation confirms that
their property does not comply with the City's Short-Term Rental' s
By-law
Registration fee
1500
Renewal fee
1000
Upon issuance of first warning letter/notice
75
Upon issuance of second warning letter/notice
150
Late renewal fee
100
Inspection fee
100
Upon issuance of a summons
500 + Legal Fees
SHEDULE " B"
CITY OF TIMMINS
BY- LAW 2025-9085
PART I Provincial Offences Act
BY- LAW 2025- 9085: Short Term Rental BY- LAW SET FINES
BY- LAW NO. 2025- 9085: Being a by-law to Regulate Short Term Rentals in the City of
Timmins.
ITEM
Short Form Wording
Provision
Set
creating
or
Fine
defining offence
1
Fail to
register Short
Section 5( b)
500. 00
Term Rental
2
Fail
to
produce
Section 5( 1)
500. 00
records of Short-Term
Rental
3
Obstruct Officer
Section 5( r)
500.00
3
Fail
to
maintain
Section 5(t)
500.00
premise
in
a
clean
and sanitary condition
5
Allow disturbance
Section 5( v)
500.00
NOTE: The penalty provision for the offences indicated above is section 9( a) of by-law no.
2025- 9085, a certified copy of which has been filed.