Short Term Rental Accommodation Registration By-law B2025-024 — full text

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The Corporation of the Municipality of Trent Lakes By-law No. B2025-024 A by-law to register Short-Term Rental Accommodations Whereas pursuant to subsection 8(1) of the Municipal Act, 2001 the powers of a municipality shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate to enhance the municipality's ability to respond to municipal issues; And Whereas pursuant to section 9 of the Municipal Act, 2001, a municipality has the capacity, rights, power and privileges of a natural person for the purpose of exercising its authority under the Municipal Act, 2001 or any other act; And Whereas section 11 of the Municipal Act, 2001, provides a lower-tier municipality with broad authority to pass by-laws respecting the economic, social and environmental well-being of the municipality, the health, safety and well-being of persons and the protection of persons and property including consumer protection; And Whereas without limiting section 9, 10 and 11, section 151 of the Municipal Act, 2001, authorizes a municipality to provide for a system of licenses with respect to a business or any activity, matter, or thing for which a by-law may be passed under section 9 and 11 of the Municipal Act, 2001; And Whereas pursuant to subsection 1(1) of the Municipal Act, 2001 "license" includes, among other things, a registration; And Whereas sections 391 of the Municipal Act, 2001 authorize 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 section 434.1 of the Municipal Act, 2001 authorizes a municipality to impose a system of administrative penalties; And section 436 of the Municipal Act, 2001 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 compliance with a by-law, direction or order of the municipality or a condition of a license issued under a by- law passed under the Municipal Act, 2001; And Whereas section 444 of the Municipal Act, 2001 provides that a municipality may make an order requiring a person who contravenes a by-law of the municipality passed under the Municipal Act, 2001 or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred, to discontinue the contravening activity; And Whereas the Council of the Corporation of the Municipality of Trent Lakes deems it desirable to exercise its authority to implement a registration system with respect to Short-Term Rental Accommodations, as defined in this By-law; Now Therefore the Council of The Corporation of the Municipality of Trent Lakes hereby enacts as follows: 1.0 Definitions 1.1 Accessory Building or Structure means a detached building or structure that is not used for human habitation and the use of which is customarily incidental and subordinate to a principal use, 2 building or structure and located on the same lot therewith. For the purpose of this By-law, Accessory Building or Structure does not include a Guest Cabin. 1.2 Accommodation Room means a room offered for short-term rental accommodation intended primarily for overnight occupation, which conforms to the standards for a bedroom, as set out in the Building Code. 1.3 Administrative Monetary Penalty System (AMPS) By-law means the Municipality's Administrative Monetary Penalty System By-law B2023-051, as amended, or any successor administrative monetary penalty system by-law. 1.4 Administrative Penalty means a monetary penalty imposed for a contravention of this By-law and as established by the Administrative Monetary Penalty System By-law. 1.5 Applicant means the Owners of the Property applying for a Registration or renewal of a Registration under this By-law. 1.6 Application means the form prescribed by the Municipality, Fee, supporting plans and materials which are required to be submitted in order to apply for a Registration or renewal of a Registration under this By-law. 1.7 Building means a structure occupying an area greater than 10 sq. m. (107.6 sq. ft.) 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, a. A structure occupying an area of 10 sq. m. (107.6 sq. ft.) or less that contains plumbing, including the plumbing appurtenant thereto, b. Plumbing not located in a structure, c. A sewage system or d. Structures designated in the Building Code. 1.8 Building Code means O. Reg. 163/24. 1.9 Building Code Act, 1992 means the Building Code Act, 1992, S.O. 1992, c. 23. 1.10 By-law Summary Sheet means a summary of all applicable by- laws provided by the Municipality. 1.11 Cabin, Guest means a building comprised of a room or suite of rooms designed or used without profit or gain in providing temporary accommodation to guests or relatives of the property owner, as the sole use. A Guest Cabin shall not contain cooking or sanitary facilities and shall be detached from and clearly accessory to the main building. Despite the foregoing, where the Property is Registered, a Guest Cabin may be used for profit or gain in providing temporary accommodation and will be counted as an Accommodation Room. 3 1.12 Comprehensive Zoning By-law means the Municipality's Comprehensive Zoning By-law B2014-070, as amended, or any successor comprehensive zoning by-law. 1.13 Corporation means a body incorporated pursuant to federal or provincial corporations legislation. 1.14 Demerit Point means a mark that is added to a Registration for a contravention of this By-law as set out in in Schedule A. 1.15 Director means the Director of Building and Planning/Chief Building Official or their delegate. 1.16 Dwelling means a building or part thereof containing one or more dwelling units but does not include a tent, park model trailer, houseboat, bunkhouse or a room or suite of rooms in a rooming house, hotel, motel, tourist home or institution. 1.17 Dwelling Unit means a suite operated as a housekeeping unit, use or intended to be used as a domicile by one or more persons and usually containing cooking, eating, living, sleeping and sanitary facilities. The word "suite" in this definition means "a single room or series of rooms of complementary use and operated under a single tenancy". 1.18 Fee means a non-refundable fee as set forth in the Municipality's Fees and Charges By-law, which is not prorated. 1.19 Fire Code means O. Reg. 213/07. 1.20 Fire Protection and Prevention Act, 1997 means the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4. 1.21 Floor Plans are the drawings that are required to be submitted by the Applicant and approved by the Issuer as part of a complete Application. The requirements for Floor Plans are set out in clause 4.1e. 1.22 Issuer means the Director and any individual(s) who are delegated the authority by the Director to be responsible for the administration of this By-law and to issue Registrations under this By-law. 1.23 Maximum Occupancy means the maximum number of Occupants permitted to temporarily reside at, lodge in or occupy a Short-Term Rental Accommodation. 1.24 Municipal Act, 2001 means the Municipal Act, 2001, S.O. 2001, c. 25. 1.25 Municipality means the Corporation of the Municipality of Trent Lakes in the County of Peterborough. 1.26 Municipal Freedom of Information and Protection of Privacy Act means the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M. 56. 1.27 Occupant means the Person or Persons who temporarily reside at, lodge in or occupy a Short-Term Rental Accommodation. Occupant shall not include daily visitors to the Property or the 4 Owner. 1.28 Officer means a Police Officer, Chief Fire Official, Fire Inspector, Chief Building Official, Building Inspector, or Municipal Law Enforcement Officer. 1.29 Owner means the Person registered on title to the Property on which the Short-Term Rental Accommodation is located and Ownership has a corresponding meaning. 1.30 Penalty Notice means a notice given to a Person pursuant to the Administrative Monetary Penalty System By-law. 1.31 Person means an individual, directors, partnership, group or association, organization, company, corporation or cooperative which may include the Owner, any Person authorized by the Owner to act on their behalf, or any Occupant. 1.32 Property means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile structures or trailers in approved mobile home parks, outbuildings, fences and erections thereon, whether heretofore or hereafter erected/ 1.33 Provincial Offences Act means the Provincial Offences Act, R.S.O. 1990, Chapter P.33. 1.34 Registrant means a Person who holds a Registration. 1.35 Registration means a Short-Term Rental Accommodation Registration issued in accordance with this By-law. 1.36 Responsible Person means the Person who will be available 24 hours a day during the period in which a Short-Term Rental Accommodation is being rented and who is responsible to ensure the Short-Term Rental Accommodation is operated in accordance with the provisions of this By-law, the Registration, any by-laws of the Municipality and any provincial and federal laws. 1.37 Short-Term Rental Accommodation means a Building that is operated as, or offers a place of temporary residence, lodging or occupancy by way of concession, permit, lease, license, rental agreement or similar commercial arrangement for any period equal to or less than twenty-eight (28) consecutive calendar days, throughout all or any part of the calendar year. 2.0 Administration 2.1 The Issuer or their delegate shall be responsible for the administration of this By-law. 2.2 The Issuer's authority shall include the authority to issue, renew, refuse to issue, refuse to renew, revoke or suspend a Registration or to impose terms and conditions on a Registration. 2.3 Any relevant department of the Municipality may provide comments on an Application in order to assist the Issuer to exercise their authority under section 2.2. 5 3.0 General Registration Provisions 3.1 A Registration is required to operate a Short-Term Rental Accommodation anywhere in the Municipality. 3.2 Notwithstanding section 3.1, a bed and breakfast, hotel, motel, motor hotel, nursing home, private or public hospital, recreational vehicle park, tent campground or similar commercial or institutional use as defined in the Comprehensive Zoning Bylaw may operate without obtaining a Registration. 3.3 A Person who owns, operates, advertises or offers a Property as a Short-Term Rental Accommodation as of the effective date of this By-law, shall cease operation until such time as the Issuer has issued a Registration for the Property. 3.4 Registrations shall not be transferred without written consent from the Issuer. 3.5 Only one Registration shall be issued per Property. 3.6 No Person shall have a vested right to the issuance or renewal of a Registration. All Registrations issued, renewed, suspended or revoked remain the sole property of the Municipality. 3.7 Maximum Occupancy shall be determined by the number of Accommodation Rooms in the Short-Term Rental Accommodation and confirmed by municipal records that the septic system is adequately sized for the number of Accommodation Rooms. 3.8 The Registrant shall be responsible for informing the Municipality, in writing, of any changes to the information contained within an Application including any changes to or any deviation from the approved Floor Plans, within seven (7) days of such change or deviation. 4.0 New Application Requirements 4.1 Every Application for a new Registration shall be submitted by the Owner and shall include: a. a completed Application, which shall include each Owner's name, Property address, mailing address, telephone number, facsimile transmission number, and email address. b. two (2) pieces of government-issued identification (one must be photo ID) c. in the case of an Owner being a Corporation, i. a copy of Articles of Incorporation, and if there has been a change to the list of officers and directors, a current Corporate Profile Report; ii. the business location/address of a representative that can legally accept communications on behalf of the Corporation; iii. two (2) pieces of government-issued identification (one must be photo ID) for each officer/director; 6 d. where the Short-Term Rental Accommodation is serviced by a private sewage system, all registration applications will be subject to a review confirming the adequacy (i.e. handling capacity) of the sewage system to support the dwelling structure and the number of guests accommodated for the Short-Term Rental Accommodation. e. The number of Accommodation Rooms identified on the registration application will be reviewed against municipal records of sewage capacity for the subject property. Should the records not match what is being requested, the applicant will be required to submit a separate application for municipal review of the existing sewage system. This may include an onsite inspection. f. Should there be no sewage system records regarding a property subject to a Short-Term Registration Application, an application for a municipal sewage system review will be required. g. Floor Plans, drawn to scale with a straight edge and legible, including the following: i. floor plan of all levels of a Building, including basement ii. each floor plan to show all rooms labelled, including all Accommodation Rooms h. the name and contact information of the Responsible Person who can be readily contacted within thirty (30) minutes and respond to a contravention of any Municipal by-law, including attendance at the Property within ninety (90) minutes of being notified of the occurrence. This shall include proof that the Responsible Person is at least eighteen (18) years of age. i. an indemnity in favour of the Municipality from and against claims, demands, losses, costs, damages, actions, suits or proceedings that arise out of, or are attributable to, the Short- Term Rental Accommodation, which shall be in a form satisfactory to the Issuer. j. confirmation of the Maximum Occupancy for which the Short- Term Rental Accommodation will be advertised and rented. k. payment of the Application Fee. 5.0 Renewals 5.1 The Registrant shall ensure that an Application to renew a Registration has been submitted to the Municipality between October 1st and December 15th for the following calendar year. Failure to apply for a renewal within this time frame shall result in a revocation of the Registration. Where a Registration has been revoked, any subsequent Application shall be treated as a new Application and shall be subject to the requirements of part 4 of this By-law. 5.2 Where a Registration has expired, any subsequent Application shall be treated as a new Application and shall be subject to the requirements of part 4.1 of this By-law. 7 5.3 The Director shall have the right to extend any Registration which has not been revoked or expired for up to one (1) calendar year should there be a municipally, provincially, or federally declared emergency that directly impacts the Registrant or Property. 6.0 Renewal Application Requirements 6.1 Every Application for a renewal of an existing Registration shall include: a. a complete Application, which shall include an affidavit from the Owner confirming no renovations or alterations to the Building have occurred to affect Maximum Occupancy and that no unauthorized work requiring permits under any legislative requirements has occurred since the Property has been registered. b. Where renovations have altered the Maximum Occupancy, a completed Review of the Sewage System and Municipal approval has been given. c. payment of the applicable Registration Renewal Fee. 7.0 Issuance and Renewal 7.1 Upon receipt of an Application for the issuance of a Registration or renewal of a Registration, an Issuer shall review the Application and any supporting materials to determine compliance with this By-law. 7.2 The Issuer is authorized to request, and if requested, an Applicant for a Registration shall provide, any information or materials reasonably required to issue a Registration. 7.3 Upon determination by the Issuer that the Application satisfies the requirements of this By-law, a Registration shall be issued or renewed as the case may be and shall remain valid until December 31st of the following year, unless revoked or suspended. 7.4 The Issuer may impose such terms and conditions on a Registration that the Issuer, acting reasonably, considers to be appropriate, and which may include but not be limited to the items enumerated in Schedule B to this By-law. 7.5 An Issuer shall have the authority to impose additional terms and conditions on a Registration at any time. 8.0 Refusal 8.1 The Issuer may refuse to issue or renew a Registration where: a. in the opinion of the Issuer, in their absolute discretion, the use of the Property for a Short-Term Rental Accommodation is likely to present health and/or safety risks; b. the Applicant or Property has previously been issued a Registration that has been revoked, suspended or made subject to terms and conditions; 8 c. the Applicant or Property has presented a history of non- compliance with this By-law or other Municipal by-laws or federal or provincial statutes or regulations; d. the Applicant or Property is the subject of an active investigation regarding the contravention of any Municipal by-law or federal or provincial statutes or regulations; e. the Applicant is unable to satisfy any requirement of this By-law, including sewage system requirements; f. the Applicant is indebted to the Municipality in respect of fines, penalties, judgements or any other amounts owing, including awarding of legal costs, disbursements, outstanding property taxes and late payment charges, against any property owned by the Owner within the Municipality; g. the Property does not comply with relevant Municipal by-laws or statutes or regulations, including but not limited to the following: the Comprehensive Zoning By-law; the Municipality's Property Standards By-law; the Building Code Act, 1992; the Building Code; the Fire Protection and Prevention Act, 1997; the Fire Code and the Electricity Act, 1998, S.O. 1997, c.4. h. the Property has or is subject to: i. an open building permit which directly affects the operation of the Short-Term Rental Accommodation; ii. an outstanding order issued by the Municipality's Fire or Building Department; or iii. a Property Standards order or any other order issued by the Municipality or other government body. i. four (4) or more Demerit Points have been imposed, and remain in effect, against the Registration. 9.0 Suspension 9.1 If at any time the Issuer is satisfied that the continuation of a Registration poses a danger to the health and safety of any Person, the Issuer may suspend a Registration for not more than fourteen (14) days. 9.2 If, after the period identified in section 9.1, the Issuer continues to be satisfied that the continuation of a Registration will pose a danger to the health and safety of any Person, the Issuer may suspend the Registration for any amount of time that is deemed necessary to eliminate the danger posed by the continuation of the Registration. 9.3 The Issuer shall suspend a Registration if a Registrant has: a. an open building permit which directly affects the operation of the Short-Term Rental Accommodation; b. an outstanding Order issued by the Municipality's Fire or Building Department; 9 c. a Property Standards order or any other order issued by the Municipality or other government body. 10.0 Revocation 10.1 The Issuer may revoke a Registration if satisfied that the continuation of a Registration poses an unavoidable danger to the health and safety of any Person. 10.2 The Issuer may revoke a Registration if it was issued in error or granted based on incorrect or false information. 10.3 If any changes or deviations described in section 3.8 result in the Property no longer being in compliance with this By-law, the Issuer shall revoke the Registration. 10.4 In accordance with section 15.3 and 15.4, an Issuer shall revoke a Registration where four (4) or more Demerit Points are imposed, and remain in effect, for contraventions with respect to the Property. Such revocation shall be for the remainder of the Registration year plus one (1) additional calendar year. 10.5 Notice of the revocation or refusal to issue or renew a Registration pursuant to section 15.3 shall be provided to the Registrant in accordance with this By-law. 11.0 Expiration 11.1 A Registration shall expire upon the earliest of the following events: a. December 31st of the Registration year; b. Upon the sale or transfer of the Property to a Person other than the Registrant; c. The Registration has been revoked in accordance with the provisions of this By-law. 12.0 Prohibitions 12.1 No Person shall use, operate, advertise or offer a Short-Term Rental Accommodation without a Registration or with a revoked, suspended or expired Registration. 12.2 No person shall use, operate, advertise or offer a hunt camp, trailer, park model, duplex, triplex, or multi-unit residential dwelling as a Short-Term Rental Accommodation. 12.3 No Person shall use, operate, advertise or offer a Short-Term Rental Accommodation in contravention of the approved Floor Plans. 12.4 No Person shall, while occupying or operating a Short-Term Rental Accommodation, contravene any Municipal by-law or any provincial or federal statutes or regulations. 12.5 No Person shall fail to produce a copy of the Registration upon the request of an Officer. 12.6 No Person shall use, operate, advertise or offer a Short-Term 10 Rental Accommodation so as to exceed the Maximum Occupancy permitted by a Registration. 12.7 No Registrant or Responsible Person shall fail to respond to an emergency or contravention of any Municipal by-law, including attendance at the Property within ninety (90) minutes of being notified of an occurrence. 12.8 No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this By-law. 12.9 No Person shall provide false information on an Application. 12.10 No Person shall fail to comply with an Order issued by an Officer pursuant to this By-law. 12.11 No Owner shall fail to comply with any terms and conditions imposed on a Registration. 13.0 Enforcement Entry and Inspection 13.1 For the purpose of this section, Property does not include a building containing a Dwelling Unit(s). 13.2 An Officer or their designate(s) may, at any time, enter onto a Property, to determine whether this By-law is being complied with. 13.3 No Person shall refuse to permit an Officer or their designate(s) to inspect a Property for the purposes of determining compliance with this By-law. 13.4 An Officer or their designate(s) may enter upon a Property at any reasonable time to direct or require that a matter or action be done and, in default of that matter or action being done, to do such matter or action in accordance with this By-law. 13.5 A Person exercising power of entry on behalf of the Municipality under this By-law may be accompanied by any Person under their direction including Law Enforcement Services, other Municipal employees, agents or authorities as deemed necessary. 13.6 The Municipality may undertake an inspection pursuant to an order issued under Section 437 of the Municipal Act, 2001. Where an inspection is conducted, the Officer conducting the inspection may: a. Require the production of relevant documents or things for inspection; b. Inspect and remove relevant documents or things for the purpose of making copies or extracts; c. Require information from any Person concerning a relevant matter including their name, address, phone number and identification; and d. Make examinations, take tests, samples or photographs, alone or 11 in conjunction with a Person possessing special or expert knowledge, necessary for the purposes of inspection. Orders 13.7 If an Officer is satisfied that a contravention of this By-law has occurred, the Officer may make an Order requiring the Person who contravened this By-law, the Owner or the Person who caused or committed the contravention of this By-law, to discontinue the contravening activity. 13.8 If an Officer is satisfied that a contravention of this By-law has occurred, the Officer may make an Order requiring the Person who contravened this By-law or the Owner of the Property where the contravention occurred, to do work to correct the contravention. 13.9 An Order made under section 13.7 or section 13.8 shall set out: a. the reasonable particulars of the contravention adequate to identify the contravention and the location of the Property on which the contravention occurred; b. the work to be done pursuant to an Order made under section 13.8; and c. the date by which there must be compliance with the Order. 13.10 In the event of a default of such work being done, the Officer shall direct the work to be done at the Registrants' expense and the Municipality shall recover the expense in the same manner as municipal taxes. 13.11 The Order shall be posted in a conspicuous place on the Property. 13.12 No Person shall fail to comply with an Order issued by an Officer pursuant to section 13.7 or section 13.8. 13.13 An Order under this By-law may require work to be done even though the facts which constitute the contravention of this By-law were present before this By-law came into force. 13.14 Where an Officer has placed or caused the placing of a placard or document containing the terms of an Order upon the Property under the authority of any legislation or provisions of this By-law, no Person shall remove such placard except with the consent of the Officer who issued the Order. 13.15 Once an Order has been served in accordance with this By-law, an Order shall remain in effect on a Property until the Order has been complied with. 14.0 Penalties, Offences and Fines Administrative Penalties 14.1 The Administrative Monetary Penalty System By-law applies to this By-law. 14.2 Instead of laying a charge under the Provincial Offences Act, an 12 Officer who finds that a Person has contravened any provision of this By-law may issue a Penalty Notice under the Administrative Monetary Penalty System By-law to the Person who contravened this By-law. 14.3 The Penalty Notice shall be given to the Person to whom it is addressed as soon as is reasonably practicable and shall include the following information: a. Particulars of the contravention, including to which Property it applies; b. The amount of the Administrative Penalty; and c. A statement advising that an Administrative Penalty will constitute a debt to the Municipality. 14.4 A Person who has been issued a Penalty Notice shall pay the Administrative Penalty within fifteen (15) days from the date the Penalty Notice was issued. 14.5 An Administrative Penalty that is deemed to be confirmed may be added to the tax roll of the Property on which the contravention of this By-law occurred. 15.0 Demerit Point System 15.1 This By-law established a Demerit Point System as set out in Schedule A, without prejudice to options otherwise available to enforce this By-law or any other Municipal by-law, provincial act or regulation. 15.2 The number of Demerit Points referenced in Schedule A shall be imposed against a Registration upon confirmation by an Officer to the Issuer that an Administrative Penalty issued under the Administrative Monetary Penalty System By-law has been paid. 15.3 An Issuer shall revoke a Registration or refuse to issue or renew a Registration where four (4) or more Demerit Points are imposed, and remain in effect, for contraventions with respect to the Property. 15.4 Upon the revocation of a Registration under section 15.3, the Registration shall be revoked for the remainder of the Registration year plus one (1) additional calendar year. 15.5 The Registrant shall be notified in writing if and when the number of demerit points respecting a Property changes. 15.6 Demerit points shall remain in place for one (1) year from the date of which the contravention has been resolved. 16.0 Service of Documents 16.1 The service of any document, order or decision pursuant to this By-law, including a Penalty Notice, when served in any of the following ways, is deemed effective service: a. Immediately, when a copy is delivered by personal service to the Person to whom it is addressed; 13 b. On the fifth (5th) day following the date a copy is sent by registered mail or by regular mail to the Person's last known address; c. Immediately upon the conclusion of a copy by facsimile transmission to the Person's last known facsimile transmission number; d. Immediately upon sending a copy by electronic mail (i.e. email) to the Persons last known electronic email address; or e. By any other method deemed reasonable. 16.2 For the purposes of this By-law, a Person's last known address, facsimile number, and electronic mail address includes an address, facsimile number and electronic mail address provided by the Person to the Municipality as may be required by any form, practice or policy under this By-law. 16.3 If a notice document that is to be given or delivered to a Person under this By-law is mailed to the Person at the Person's last known address appearing on the records of the Municipality as part of a proceeding under this By-law, or sent electronically to an email address that was provided by the Person, there is an irrebuttable presumption that the notice or document is given or delivered to the Person. 16.4 A Person shall keep their contact information for service current by providing any change in address, facsimile, or electronic mail address to the Issuer, immediately. 17.0 Interpretation 17.1 Any reference in this By-law to legislation, regulations, by-laws, policies or rules is to such legislation, regulations, by-laws, policies or rules as amended, extended, re-enacted or replaced from time to time. 18.0 Short Title 18.1 This by-law may be referred to as the "Short-Term Rental Accommodation Registration By-law". 19.0 Severability 19.1 Should any provision, or any part of a provision of this By-law be declared invalid, or to be of no force and effect by a court of competent jurisdiction, it is the intent of Council that such a provision, or part of a provision, shall be severed from this By-law, and every other provision of the By-law shall be applied and enforced in accordance with its terms to the extent possible according to law. 20.0 Compliance with the Municipal Freedom of Information and Protection of Privacy Act 20.1 All information submitted to the Municipality for the purpose of this By-law will be collected and maintained in accordance with the Municipal Freedom of Information and Protection of Privacy Act 14 and will be used in the administration and enforcement of this By- law. 21.0 Schedules 21.1 Schedule A and B, as attached, shall form part of this By-law. 22.0 Effective Date 21.2 This By-law shall come into force on the date it is passed. Read a first, second and third time and passed this 4th day of March, 2025. Terry Lambshead, Mayor Jessie Clark, Clerk 15 Schedule A - Demerit Point System Item Short Form Wording Provision Creating or Defining Offence Demerit Points 1 Use, operate, advertise or offer a Short-Term Rental Accommodation in contravention of the approved Floor Plans. 12.3 2 2 Contravene any Municipal By-law or any provincial or federal statutes or regulations while operating or occupying a Short-Term Rental Accommodation. 12.4 1 3 Fail to produce a copy of the Registration upon the request of an Officer. 12.5 1 4 Use, operate, advertise or offer a Short-Term Rental Accommodation so as to exceed the Maximum Occupancy permitted by a Registration. 12.6 2 5 Fail to respond to an emergency or contravention of any Municipal by- law, including attendance at the Property within ninety (90) minutes of being notified of an occurrence. 12.7 2 6 Hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this By-law. 12.8 2 7 Provide false information on an Application. 12.9 1 8 Fail to comply with an order issued by an Officer. 12.10 2 9 Fail to comply with any terms and conditions imposed on a Registration. 12.11 1 16 Schedule B - Terms and Conditions The terms and conditions which may be imposed on a Registration by the Issuer include but are not limited to the following: 1. The number of Accommodation Rooms shall match the number of Accommodation Rooms noted on the submitted floor plans. (Note: any additional rooms being used as an Accommodation Room shall be counted as an Accommodation Room such as a den, office or similar use). 2. Operational smoke alarms shall be installed on every floor level including basements, in every bedroom and hallway serving a bedroom. 3. Portable ABC fire extinguisher shall be located in an accessible location on every floor. 4. A carbon monoxide detector shall be installed on every floor level. 5. All exposed spray foam shall be protected (by drywall or by other means as per the Building Code and includes ICF block and any exposed spray foam material or rigid foam products). 6. All electrical outlets and switches shall have cover plates installed. 7. No electrical wires shall be exposed or bare. 8. All Accommodation Rooms shall have access to the exterior with at least one egress window located on the same floor level meeting the requirements of the Building Code or walk out basement on the same level providing exit. The minimum area for an egress window is 0.35 sq. m. (3.8 sq. ft.) with no dimension less than 0.4m (15"). 9. Potable water shall be provided. 10. Parking area shall not be located on or impacting the sewage system (including the tank and bed). 11. No structure shall be used as an Accommodation Room on the Property, except in compliance with approved Registration. 12. The number of Accommodation Rooms shall not exceed the number of approved bedrooms in accordance with municipal records. 13. If the sewage system is a Class 5 system a. An operating alarm system shall be installed; and b. An agreement exists with a licensed sewage hauler. 14. The septic tank lids shall be installed securely. 15. Owner has adequate Liability Insurance on the property of at least $2,000,000.00. 16. A copy of the current Registration shall be posted in a visible location to occupants and made available to Municipal staff upon request. 17. Emergency 911 instructions with the address of the Property shall be clearly printed and posted in a conspicuous location. 18. Name and contact information of the Responsible Person shall be clearly printed and posted in a conspicuous location. 19. A copy of the By-law Summary Sheet provided by the Municipality shall be clearly printed and posted in a conspicuous location. 20. The Registrant shall be responsible to notify the Municipality of any changes from or alterations to the original application or approved sewage system and Building that affects approved occupancy. 21. The Registrant shall ensure that any listing or advertisement includes: a. Corresponding municipally issued registration number; b. The Maximum Occupancy, as approved on the Registration; and c. Where the location is remote access or not a year round municipally maintained access, a warning that emergency response times may be delayed shall be posted in a conspicuous location.