Short-Term Rental By-law 158-2019 (Consolidated)

Vaughan, Ontario · No. 158-2019 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 54659048f6c3 · verified 2026-10-18 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

- 1 - THE CITY OF VAUGHAN BY-LAW SHORT-TERM RENTAL (Consolidated Version - Enacted as By-law 158-2019) Last consolidated on July 30, 2024. City of Vaughan by-laws are provided online for convenient public reference. By-laws are consolidated on an ongoing basis, but recent amendments may not be reflected in the latest consolidated version. Check the Amendment History to get a complete listing of all pertinent regulations. For further information contact the Office of the Director and Chief Licensing Officer. BY-LAW NUMBER 158-2019 A By-law of the Corporation of the City of Vaughan to license short-term rental brokerages and owners and to regulate all related activity. WHEREAS Section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that the powers of a municipality shall be interpreted broadly as to confer broad authority on a municipality to (a) enable it to govern its affairs as it considers appropriate, and (b) enhance its ability to respond to municipal issues; AND WHEREAS Section 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a lower-tier municipality may pass by-laws respecting health, safety and well-being of persons and protection of persons and property, including consumer protection; AND WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a lower-tier municipality may pass by-laws respecting business licensing; AND WHEREAS Section 151(5) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a lower-tier municipality may pass by-laws with respect to any activity, matter or thing for which a by-law may be passed under Sections 9, 10 and 11 as if it were a system of licences with respect to a business; AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides for the municipality to impose fees or charges on persons for services or activities provided or done by or on behalf of it; - 2 - AND WHEREAS Section 425 of the Municipal Act, 2001, S.O. 2001, c.25 provides for a municipality to pass by-laws providing that a person who contravenes a by-law of the municipality passed under the Act is guilty of an offence; AND WHEREAS Section 426 of the Municipal Act, 2001, S.O. 2001, c.25 provides that no person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this Act or under a by-law passed under the Act; AND WHEREAS Section 429 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides for the municipality to establish a system of fines for offences under a by-law of the municipality passed under the Municipal Act; AND WHEREAS Section 431 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that if any by-law of the municipality is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order to prohibit the continuation or repetition of the offence by the person convicted; AND WHEREAS Section 434.1 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides for the municipality to require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with a by-law of the municipality passed under this Act; AND WHEREAS Sections 444 and 445 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, respectfully, provide for the municipality to make an order requiring a person who contravenes a by-law or who causes or permits the contravention or the owner or occupier of land on which a contravention occurs to discontinue the contravening activity or do work to correct a contravention; AND WHEREAS the Council of the Corporation of the City of Vaughan deems the licensing of short-term rental brokerages and owners and the regulation of all related activity to be in the interest of public safety, community well-being and nuisance control; NOW THEREFORE the Council of the Corporation of the City of Vaughan enacts this By-law to license short-term rental brokerages and owners and to regulate all related activity within the jurisdictional boundaries of the City of Vaughan. Table of Contents 1.0 Authority and Short Title ......................................................................................... 3 2.0 Applicability and Scope .......................................................................................... 3 3.0 Definitions and Interpretation ................................................................................. 4 - 3 - 4.0 Licensing Requirements for Short-Term Rental Brokerages ............................... 7 5.0 Licensing Requirements for Short-Term Rental Owners ...................................... 9 6.0 Changes in Information ......................................................................................... 12 7.0 Refusal, Suspension and Revocation of Licences .............................................. 12 8.0 Licence Appeals .................................................................................................... 14 9.0 General Regulatory Requirements ....................................................................... 15 10.0 Regulatory Requirements for Short-Term Rental Brokerages ......................... 15 11.0 Regulatory Requirements for Short-Term Rental Owners ................................ 17 12.0 Regulatory Requirements for Short-Term Rental Operators ............................ 18 13.0 Administrative Matters ........................................................................................ 18 14.0 Enforcement ......................................................................................................... 18 15.0 Powers of Entry and Inspection ......................................................................... 19 16.0 Administrative Monetary Penalties .................................................................... 20 17.0 Offences and Penalties ....................................................................................... 20 18.0 Collection of Unpaid Penalties and Fines .......................................................... 21 19.0 Continuation, Repetition Prohibited by Order ................................................... 21 20.0 Evidentiary Requirements ................................................................................... 21 21.0 Severability .......................................................................................................... 21 22.0 Force and Effect ................................................................................................... 21 1.0 Authority and Short Title (1) This By-law was approved by Item No. 5 of Report No. 7 of the Finance, Administration and Audit Committee and passed by City Council on May 14, 2019. (2) The By-law shall be known and referenced as the "Short-Term Rental By-law". 2.0 Applicability and Scope (1) This By-law applies to all: - 4 - (a) Short-Term Rental Brokerages that Operate within the jurisdictional boundaries of the City of Vaughan; (b) Short-Term Rental Owners that Operate a Short-Term Rental within the jurisdictional boundaries of the City of Vaughan; (c) Persons acting as Short-Term Rental Operators within the jurisdictional boundaries of the City of Vaughan; and (d) Dwelling Units used as Short-Term Rentals within the jurisdictional boundaries of the City of Vaughan. (2) This By-law does not apply to: (a) hotels, motels or inns; (b) Bed-and-Breakfast Establishments; (c) accommodations rented out to tenants in accordance with the Residential Tenancies Act, 2006, S.O. 2006, c. 17; (d) retirement homes licensed under the Retirement Homes Act, 2010, S.O. 2010, c. 11. 3.0 Definitions and Interpretation (1) In this By-law: (a) "Applicant" means a Person seeking to become licensed under this By-law (i.e., become a Licensee) and who makes such an application or does so through an Authorized Agent; [Amended by section (1) of By-law 226- 2022 on September 28, 2022.] (b) "Authorized Agent" means a Person authorized in writing by an Applicant or Licensee to act on behalf of such Applicant or Licensee for the identified purpose of making an application, renewing a licence, or otherwise complying with the provisions of this By-law; (c) "Bed-and-Breakfast Establishment" means an owner-occupied establishment in a commercial zone, operated as an accessory use to a single detached dwelling where temporary sleeping accommodation and sanitary facilities are made available to guests and where meals are provided to guests. A Bed-and-Breakfast Establishment shall not include a hotel, motel or Short-Term Rental; (d) "Chief Licensing Officer" means the Director and Chief Licensing Officer, By-law and Compliance, Licensing and Permit Services or his or her designate; (e) "Chief Building Official" means the Chief Building Official for the City of Vaughan, or his or her designate; (f) "Chief of Police" means the Chief of York Region Police. (g) "City" means the Corporation of the City of Vaughan or any Person authorized to act on behalf of the Corporation for the purposes of exercising its powers under this By-law; - 5 - (h) "City Clerk" means the person appointed by Council as Clerk pursuant to Section 228 of the Municipal Act, 2001, or their designate; [Added by section 1. of By-law 200-2023 on December 12, 2023] (i) "Collection" means charging, receiving, accounting for, and remitting to the City the Municipal Accommodation Tax; (j) "Director" means the Director and Chief Licensing Officer, By-law and Compliance, Licensing and Permit Services or his or her designate; (k) "Dwelling Unit" means a room or series of rooms of complementary use, used by a person or persons living together under a single tenancy, in which cooking, eating, living, sleeping and sanitary facilities are provided; (l) "Fire Chief" means the Chief of Vaughan Fire and Rescue Services or his or her delegate; (m) "Hearings Officer" means a Person from time to time appointed to such role by the City Clerk; [Amended by section 2. of By-law 200-2023 on December 12, 2023] (n) "Individual Person" means a natural Person; (o) "Licensee" means a Person who has been issued and maintains a valid licence pursuant to the terms of this By-law; (p) "Market", "Marketed" or "Marketing" means offering, facilitating, or causing or permitting to offer or facilitate, directly or indirectly, the sale, promotion, canvassing, solicitation, advertising, or marketing of a Short-Term Rental, and includes placing, posting or erecting advertisements physically or online, provided that the Marketing activity is the Person's Primary Business; [Added by subsection 1(c) of By-law 032-2021 on March 10, 2021.] (q) "Medical Officer of Health" means the Medical Officer of Health for the Regional Municipality of York; (r) "Multiple Unit Dwelling" means a building or part of a building containing three or more Dwelling Units; (s) "Municipal Accommodation Tax" or "MAT" means the tax imposed under Municipal Accommodation Tax, Short-Term Rental, By-law, as may be amended from time to time, or its successor by-law. (t) "Officer" means a Provincial Offences Officer or Municipal Law Enforcement Officer of the City, or any other person appointed by or under the authority of a City by-law to enforce this By-law; (u) "Ontario Police Service" means a police service established in Ontario under the Police Services Act, R.S.O. 1990, c. P.15, as amended. (v) "Operate", "Operated" or "Operating" means to rent out, provide, offer to rent out or provide, or facilitate or broker or Market or cause to be Marketed, the offer or rental, whether directly or indirectly, including, without limitation, via the internet or other electronic platform, of a Short- Term Rental and shall include a Person collecting a fee or handling - 6 - payments in respect of a Short-Term Rental; [Added by subsection 1(d) of By-law 032-2021 on March 10, 2021.] (w) "Order" means a direction issued by the City under statutory authority, including but not limited to Orders under the Municipal Act, 2001, S.O. 2001, c. 25, as amended, the Building Code Act, 1992, S.O. 1992, c. 23, as amended, and the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended; (x) "Person" means an Individual Person, a partnership, or a corporation (including any of such corporation's affiliates, subsidiaries or parent corporations, as the case may be) to which the context can apply and "Person" shall also include multiple Persons who, acting together, carry on the business of a Short-Term Rental business, despite the fact that no single one of those Persons carries on the activity in its entirety; [Amended by subsection 1(a) of By-law 032-2021 on March 10, 2021.] (y) "Primary Business" means a business undertaken by any Person that generates at least fifty percent (50%) or more of its revenues, directly or indirectly, from Operating a Short-Term Rental; [Amended by subsection 1(e) of By-law 032-2021 on March 10, 2021.] (z) "Principal Residence" means a dwelling unit owned or rented by an Individual Person, either alone or jointly with others, where the Individual Person is ordinarily resident; (aa) "Prohibited Ground" means the prohibited grounds of discrimination as provided for under the Ontario Human Rights Code, R.S.O. 1990, c. H.19; (aa) "Property" means a building, and includes the lands and premises appurtenant thereto, and includes vacant property; (bb) "Rental Period" means the span of consecutive days for which a Short- Term Rental has been rented. (cc) "Short-Term Rental" means a Dwelling Unit or part of a Dwelling Unit used to provide temporary accommodation for a Rental Period of not more than 29 consecutive days and shall not include a hotel, motel or Bed-and- Breakfast Establishment; (dd) "Short-Term Rental Brokerage" means any Person who facilitates or brokers or Markets or causes to be Marketed or assists in any capacity in the booking process of a Short-Term Rental reservation for others, whether directly or indirectly, including, without limitation, via the internet or other electronic platform, of a Short-Term Rental, provided such Person collects, handles or receives a payment, fee, compensation or other financial benefit as a result of, or in connection with, the Short-Term Rental; [Amended by subsection 1(b) of By-law 032-2021 on March 10, 2021.] (ee) "Short-Term Rental Operator" means a Person who has care and control, at any time and for any length of time, of a Dwelling Unit, or part thereof, - 7 - that is used as a Short-Term Rental, but who is not the Short-Term Rental Owner; (ff) "Short-Term Rental Owner" means any Person who Operates a Short- Term Rental and is either: (i) a registered owner of the Property, or part thereof, that is being Operated as a Short-Term Rental; or (ii) a tenant of the Property, or part thereof, that is being Operated as a Short-Term Rental. 4.0 Licensing Requirements for Short-Term Rental Brokerages (1) No Person shall carry on the business of a Short-Term Rental Brokerage unless a licence to do so has been obtained from the City. (2) Where the Applicant is a corporation, the application shall be made by a duly authorized director or officer of that corporation. (3) Where the Applicant is a partnership, the application shall be made by one or more of the partners. (4) Applicants for a Short-Term Rental Brokerage licence must: (i) in the case of individuals be permanent residents in Canada; (ii) in the case of a partnership, have at least one partner be either a permanent resident in Canada or a corporation incorporated in Canada; (iii) in the case of a corporation, be incorporated, continued or Operate in Canada. [Amended by subsection 2 of By-law 032-2021 on March 10, 2021.] (5) Applicants required, in accordance with Municipal Accommodation Tax, Short- Term Rental, By-law, as amended from time to time, or its successor by-law, to Collect the Municipal Accommodation Tax on behalf of Short-Term Rental Owners, must be registered with the City to do so prior to making an application for a licence. (6) Despite 4.0(2) and 4.0(3), an application for a licence or a renewal thereof may be made in person or in a manner satisfactory to Chief Licensing Officer, either by the Applicant, or an Authorized Agent, provided that he or she has written authorization to do so from the Applicant and provides one piece of Canadian government photo identification, both to the satisfaction of the Chief Licensing Officer. [Amended by section (2) of By-law 226-2022 on September 28, 2022.] (7) Every Person making an application for a Short-Term Rental Brokerage licence under this By-law shall submit the following: (a) a completed application form or forms, signed by the Applicant or at least one of the Applicant's authorized directors, officers or partners; (b) the applicable fee, as set out in Fees and Charges By-law 171-2013, as amended, or its successor by-law; - 8 - (c) where the Applicant is a corporation, the complete articles of incorporation, including the names and addresses of all directors and officers of the corporation, as at the time of application; (d) where the Applicant is a partnership, a copy of the record of registration of the partnership under the Business Names Act, R.S.O.1990, c.B.17, as amended and/or the Limited Partnerships Act, R.S.O. 1990, c.L.16, as amended; (e) a listing of every Short-Term Rental being made available within the jurisdictional boundaries of the City, as at a date no less than seven (7) days from the date of application for a licence; (f) proof, satisfactory to the Chief Licensing Officer, of valid general liability commercial insurance, or any other suitable insurance acceptable to the Chief Licensing Officer, in the amount of at least $2,000,000. (g) any other information required to be provided under this By-law or as may be requested by the Chief Licensing Officer. (8) Receipt of the application, request for renewal, or submission of the licence fee shall not constitute approval of the application for, or renewal of a licence, nor shall it obligate the City to issue or renew any such licence. (9) Despite 4.0(7), if a Licensee has remitted the prescribed renewal fee, the licence shall be deemed to continue until the renewal is granted or refused, subject to the Licensee's avenue for appeal under Parts 7.0 and 8.0 of this By-law. (10) In the event a licence or renewal thereof is refused, either without or after any appeal, the Applicant shall be eligible to a partial refund, as follows: REFUND Short-Term Rental Brokerage with more than 100 active Short-Term Rentals 95% of licensing or renewal fee Short-Term Rental Brokerage with 51 to 100 active Short-Term Rentals 90% of licensing or renewal fee Short-Term Rental Brokerage with 11 to 50 active Short-Term Rentals 50% of licensing or renewal fee Short-Term Rental Brokerages with up to 10 active Short-Term Rentals Fee is not refundable (11) The number of active Short-Term Rentals for a given year is considered to be the highest number of active Short-Term Rentals at any given time for that year. (12) Licences shall be renewed no later than on the annual anniversary date of their issuance and no earlier than two months before such anniversary. (13) A licence not renewed by its anniversary date shall be deemed to have lapsed, and the Person whose name the original licence was issued under shall not operate his or her Short-Term Rental. - 9 - (14) Despite 4.0(13), a licence that has not lapsed by more than 90 days may still be renewed subject to the following: (a) that for a licence lapsed up to 30 days, a late renewal fee equivalent to 15% of the renewal fee be paid in addition to the renewal fee; or (b) that for a licence lapsed more than 30 days and up to 90 days, a late renewal fee equivalent to 30% of the renewal fee be paid in addition to the renewal fee. (15) A licence that has lapsed more than 90 days shall be deemed cancelled and no longer eligible for renewal. (16) A Licensee who Operates with a licence that has been cancelled under 4.0(15) may not apply for a new licence within two years from the expiry date of said licence, unless the outstanding renewal fee and late renewal fee has been paid. 5.0 Licensing Requirements for Short-Term Rental Owners (1) No Person shall carry on the business of a Short-Term Rental Owner unless a licence to do so has been obtained from the City. (2) Applicants for a Short-Term Rental Owner licence must: (a) be Individual Persons; (b) have permanent residency in Canada; and (c) have the Property on which the proposed Short-Term Rental is located be: (i) the Principal Residence of at least one of the Applicants; (ii) located in an area that permits residential uses; and (iii) be otherwise in compliance with all applicable law, including the requirements of the Building Code Act, 1992, S.O. 1992, c. 23 and Fire Protection and Prevention Act, 1997, S.O. 1997, c.4. (3) If the Applicant is the registered owner of the Property proposed as a Short-Term Rental, every registered owner of such Property shall be considered a joint Applicant and shall be listed on the completed application form in Subsection 5.0(13)(a). (4) If the Applicant is the tenant of the Dwelling Unit proposed as a Short-Term Rental, every tenant of such Dwelling Unit shall be considered a joint Applicant and shall be listed on the completed application form in accordance with Subsection 5.0(13)(a). (5) Applicants required, in accordance with Municipal Accommodation Tax Short- Term Rental, By-law, as amended from time to time, or its successor by-law, to Collect the Municipal Accommodation Tax must be registered with the City to do so prior to making an application for a licence. (6) Applicants or Licensees may use more than one Short-Term Rental Brokerage, but must identify each such Short-Term Rental Brokerage at the time of application, and shall notify the Chief Licensing Officer in accordance with - 10 - Section 6.0(1) if they use a further Short-Term Rental Brokerage not identified at the time of application. (7) An application shall only be made in person by the Applicant, who at the time of application shall present one piece of Canadian government photo identification, to the satisfaction of the Chief Licensing Officer. (8) Despite 5.0(7), an Authorized Agent of the Applicant may make the application if he or she has written authorization to do so from at least one of the Applicants along with one piece of Canadian government photo identification, both to the satisfaction of the Chief Licensing Officer. (9) If the proposed Short-Term Rental is to be located in a Multiple Unit Dwelling, Applicants shall provide, at the time of application, a letter from the owner of such Multiple Unit Dwelling declaring that the Operation of Short-Term Rentals is permitted. (10) If the Applicants are not the registered owners of the Dwelling Unit being used as a Short-Term Rental, the application must be accompanied by a letter from the registered owner of the Dwelling Unit giving the Applicants explicit permission to use the Dwelling Unit or part thereof as a Short-Term Rental. (11) The letter in Section 5.0(10) shall be an original and notarized or certified by a notary public or commissioner for oaths authorized to do so under the laws of the Province of Ontario. (12) Prior to the issuance of a licence, a copy of the application may be forwarded for a report or comments to the Medical Officer of Health, the Fire Chief, the Chief Building Official, the Chief of Police and any other departments of the City, and any other public authorities which may have an interest in the licence application, or for such information as may be required under this By-law or any other legislation. (13) Persons presenting an application for a Short-Term Rental Owner licence under this By-law shall submit the following: (a) a completed application form or forms, signed by the Applicants; (b) proof of ownership or tenancy, satisfactory to the Chief Licensing Officer; (c) the applicable, non-refundable fee, as set out in Fees and Charges By-law 171-2013, as amended, or its successor by-law; (d) a Canadian government document that proves the Canadian permanent residency of at least one Applicant; (e) a Canadian or provincial government-issued photo identification of all Applicants; (f) if applicable, a Canadian or provincial government-issued photo identification of the Authorized Agent; - 11 - (g) a complete Vulnerable Sector Check for every Applicant, issued by an Ontario Police Service, not more than 90 days old, from the date of application; (h) a document, that provides proof satisfactory to the Chief Licensing Officer, that the Property to be used as a Short-Term Rental is the Principal Residence of at least one of the Applicants; (i) a list of all Short-Term Rental Operators at the time of application, including their contact information; (j) proof, satisfactory to the Chief Licensing Official, that every Short-Term Rental Owner in 5.0(13)(h) and every Short-Term Rental Operator in 5.0(13)(i), who is an Individual Person, is at least 18 years of age at the time of licensing or registration; [Amended by subsection 3 of By-law 032- 2021 on March 10, 2021.] (k) any other information required to be provided under this By-law or as may be requested by the Chief Licensing Officer. (14) Where the Chief Licensing Officer is of the opinion that an inspection of the Dwelling Unit or part thereof that is proposed to be used as a Short-Term Rental is required, such inspection shall be carried out in accordance with Part 15.0 of this By-law and no licence shall be issued or renewed until all matters identified by the inspecting Officer have been remedied to the satisfaction of the Chief Licensing Officer. (15) Receipt of the application, request for renewal, or submission of the licence fee shall not constitute approval of the application for, or renewal of a licence, nor shall it obligate the City to issue or renew any such licence. (16) Despite 5.0(14) and 5.0(15), if a Licensee has remitted the prescribed renewal fee, the licence shall be deemed to continue until the renewal is granted or refused, subject to the Licensees' avenue for appeal under Parts 7.0 and 8.0. (17) Licences shall be renewed no later than on the annual anniversary date of their issuance and no earlier than two months before such anniversary. (18) A licence not renewed by its anniversary date shall be deemed to have lapsed, and the Individual Persons whose name the original licence was issued under shall be deemed to be operating without a licence. (19) Despite 5.0(18), a licence that has not lapsed by more than 90 days may still be renewed subject to the following: (a) that for a licence lapsed up to 30 days, a late renewal fee equivalent to 15% of the renewal fee be paid in addition to the renewal fee; or (b) that for a licence lapsed more than 30 days and up to 90 days, a late renewal fee equivalent to 30% of the renewal fee be paid in addition to the renewal fee. (20) A licence lapsed more than 90 days shall be deemed cancelled and no longer eligible for renewal. - 12 - (21) Licensees whose licence has lapsed more than 90 days may not apply for a new licence within two years from the expiry date of said licence, unless the outstanding renewal fee, late renewal fee and Municipal Accommodation Tax, if any is owed, has been paid. 6.0 Changes in Information (1) Every Applicant or Licensee shall notify the Chief Licensing Officer in writing within seven (7) days of any change in any information contained in the application for a licence or renewal thereof. (2) Where the changes in Section 6.0(1) include a change in the legal entity of the Licensee, the existing licence shall be cancelled and a new licence shall be obtained by the said legal entity, subject to all of the licensing requirements of this By-law. (3) Notwithstanding Section 6.0(2), where there is a change in any of the registered owners or tenants who are licensed as Short-Term Rental Owners, a new licence shall be obtained by all the parties Operating or proposing to Operate a Short- Term Rental. (4) Where there is a change to a Short-Term Rental as a result of a renovation or other similar work, the Short-Term Rental Owner shall notify the Chief Licensing Officer, as per 6.0(1) and the Chief Licensing Officer may require such Short- Term Rental Owner to apply for a new licence if such renovations or similar work are deemed to be significant. (5) Where a Short-Term Rental Owner intends to Operate a Short-Term Rental at a location different than the Dwelling Unit identified in his or her application, the existing licence shall be cancelled and a new licence shall be obtained before the intended Short-Term Rental may Operate. 7.0 Refusal, Suspension and Revocation of Licences (1) The powers and authority to refuse to issue or renew a licence, to cancel, revoke or suspend a licence, or to impose terms and conditions on a licence, are hereby delegated to the Chief Licensing Officer. (2) Where the Chief Licensing Officer is of the opinion that: (a) an application for a licence or renewal of a licence should be refused; (b) a licence should be revoked; (c) a licence should be suspended; or (d) a term or condition of a licence should be imposed; he or she shall make that decision. (3) The Chief Licensing Officer's decision under 7.0(2) shall be guided by the following considerations: (a) the safety, health and well-being of the community; - 13 - (b) the impact on neighbouring properties; (c) compliance with remittance of the Municipal Accommodation Tax; (d) financial impact to the City; (e) consistency with the terms and conditions of the agreement between the Short-Term Rental Brokerage and the Short-Term Rental Owner, if requested by the Chief Licensing Officer. (4) Despite Section 7.0(2), a licence shall not be issued or renewed where: (a) the Property for which the Short-Term Rental is being proposed has any outstanding unpaid penalties or fines from the City; (b) any of the Applicants, within the previous five years from the date of application or renewal have been convicted of any of the following under the Criminal Code of Canada: (i) homicide or manslaughter; (ii) sexual offences; (iii) assault offences; (iv) confinement offences; (iv) robbery or extortion offences; (vi) break and enter offences; or (vii) fraud or forgery offences. (5) After a decision is made by the Chief Licensing Officer, written notice of that decision shall be provided to the Applicant or Licensee advising of the Chief Licensing Officer's decision with respect to the application or licence. (6) The written notice given in Section 7.0(5) shall: (a) set out the grounds for the decision; (b) give reasonable particulars of the grounds; (c) be signed by the Chief Licensing Officer; and (d) state that the Applicant or Licensee is entitled to a hearing by the Hearings Officer if the Applicant or Licensee delivers to the Chief Licensing Officer, within seven (7) days after the notice under this Section is served: (i) a notice in writing requesting a hearing by the Hearings Officer; and (ii) the licensing appeals fee, prescribed in Licensing By-law 315-2005, as amended, or its successor by-law. (7) Where no appeal is registered within the required time period, the decision of the Chief Licensing Officer shall be final. - 14 - (8) Where the Applicant or Licensee requests a hearing before the Hearings Officer within the required time period, the Chief Licensing Officer shall notify the Applicant or Licensee of the time, place and date of the appeal hearing. (9) Where a Licensee requests a hearing within the required time period to appeal a revocation, the licence that is the subject of the hearing shall be deemed to continue until such time that the Hearings Officer has rendered a decision on the matter. (10) Despite 7.0(9), nothing precludes the Chief Licensing Officer from suspending a licence under 7.0(11) during the period prior to a hearing to appeal a revocation. (11) The Chief Licensing Officer may impose a summary suspension on any licence, subject to the following conditions: (a) A summary suspension shall be for a minimum period of twelve (12) hours and a maximum period of fourteen (14) days; (b) If the violation is corrected during or after the twelve-hour period, the licence may be reinstated at the first opportunity following the end of the twelve-hour period; (c) A summary suspension may be initiated by the Chief Licensing Officer in circumstances where: (i) it is in the interest of public safety or well-being; (ii) a Licensee's insurance, as approved by the Chief Licensing Officer, has expired and he or she continues to carry on business for which the licence was issued; (iii) a Licensee fails to comply with a request to inspect; or (iv) a Licensee fails to comply with any of the provisions of this By-law. (d) A summary suspension under this Section shall take effect upon delivery or service of written notice thereof to the Licensee at the business premises of the Licensee or at the last address shown or appearing on the records of the City; (e) Summary suspensions may be imposed consecutively by the Chief Licensing Officer, subject to the provisions of this Part. (12) For greater certainty, a summary suspension under Section 7.0(10) is subject to the notice and appeal provisions under Parts 7.0 and 8.0. 8.0 Licence Appeals (1) The powers and authority to hear appeals from decisions made by the Chief Licensing Officer pursuant to Part 7.0 are hereby delegated to the Hearings Officer. (2) The Hearings Officer shall hear all appeals from decisions made by the Chief Licensing Officer pursuant to Part 7.0. - 15 - (3) The provisions of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22, as amended, apply to all appeal hearings by the Hearings Officer under this By-law. (4) The Hearings Officer shall hold the hearing at the time, place and date set out in the notice referred to in Section 7.0(5). (5) At the appeal hearing, the onus shall be upon the Applicant or Licensee to show cause why: (a) the licence applied for should not be refused; (b) the licence should not be suspended or revoked; or (c) conditions or special conditions should not be imposed on the licence. (6) All appeal hearings shall be public hearings unless the Applicant or Licensee requests that the hearing be held in camera and the Hearings Officer accepts the request. (7) When an appeal hearing date before the Hearings Officer has been set or fixed, and the Applicant or Licensee, having been provided with written notice referred to in Part 7.0, and the Applicant or Licensee fails to attend at the appointed time, place and date, the Hearings Officer may proceed in his or her absence and the Applicant or Licensee will not be entitled to any further notice in the proceedings. (8) The Hearings Officer may uphold or vary the decision of the Chief Licensing Officer, or make any decision that the Chief Licensing Officer was entitled to make in the first instance. (9) At the conclusion of the appeal hearing, the Hearings Officer may give his or her decision orally or reserve such decision, but in either case shall provide the decision in writing, with reasons, within fourteen (14) days of the hearing to the Applicant or Licensee and the Chief Licensing Officer. (10) The decision of the Hearings Officer is final. 9.0 General Regulatory Requirements (1) No Person shall Operate a Short-Term Rental in contravention of Zoning By-law 1-88, as amended, or its successor by-law, or in contravention of any other of the City's by-laws or any other applicable law. (2) No Person licensed or required to be licensed under this By-law shall charge any Person, or provide services to any Person, or deny service to any Person, in a manner that in the opinion of the Chief Licensing Officer discriminates on the basis of a Prohibited Ground or is deemed by the Chief Licensing Officer to have the same or similar effect. 10.0 Regulatory Requirements for Short-Term Rental Brokerages (1) Every Short-Term Rental Brokerage shall keep a record of each concluded transaction in relation to a Short-Term Rental listed or advertised on its platform for three years following the last day of the Rental Period. A transaction is - 16 - concluded on the last day of the Rental Period. The records retained shall include the following: (a) the name, address, and Municipal Accommodation Tax registration number of the Short-Term Rental Owner; (b) the number of nights the Short-Term Rental was rented; (c) the nightly and total price charged for the Short-Term Rental; (d) the Municipal Accommodation Tax charged on the transaction; (e) whether the rental was an entire-unit rental or partial-unit rental; and (f) any other information required by the Chief Licensing Officer. (1.1) With respect to the information required under 10.0(1), every Short-Term Rental Brokerage shall obtain the prior consent of the Short-Term Rental Owner to the collection, use, and potential disclosure of the Owner's personal information to and by the City for the purpose of the administration and enforcement of this By- law and the administration and enforcement of Municipal Accommodation Tax, Short Term Rental By-law, which consent shall be in a form satisfactory to the Chief Licensing Officer. [Added by subsection 4 of By-law 032-2021 on March 10, 2021.] (2) Every Short-Term Rental Brokerage shall keep a record of the number of Short- Term Rental listings or advertisements it removes from its platform in accordance with Section 10.0(6). (3) Every Short-Term Rental Brokerage shall provide a complete listing of all actively Operating Short-Term Rentals on its platform that are within the jurisdictional boundaries of the City upon request from the Chief Licensing Officer. (4) In addition to the requirement under Section 10.0(3), upon the request of the Chief Licensing Officer, every Short-Term Rental Brokerage shall provide a complete listing of all Short-Term Rentals that have Operated in the period identified in said request by the Chief Licensing Officer. (5) Every Short-Term Rental Brokerage shall provide the records referred to in this Section in a format and on a schedule to be determined by the Chief Licensing Officer. (6) Upon written request from the Chief Licensing Officer, every Short-Term Rental Brokerage shall remove from its platform any Short-Term Rental listings identified by the City. (7) No Short-Term Rental Brokerage shall impose any term or condition or type of requirement on any Person, including a Short-Term Rental Owner or guest using its platform or services, that prevents or hinders the ability of the City to enforce its by-laws. (8) To the extent that clauses contrary to Section 10.0(7) are included in any agreement made by a Short-Term Rental Brokerage, such clauses are unenforceable by the Short-Term Rental Brokerage. - 17 - 11.0 Regulatory Requirements for Short-Term Rental Owners (1) No Short-Term Rental Owner shall offer a Short-Term Rental through any Short- Term Rental Brokerage that does not hold a valid City of Vaughan licence. (2) No Short-Term Rental Owner shall offer or accept multiple reservations where the proposed accommodation Rental Periods of said reservations overlap. (3) No Short-Term Rental Owner shall Operate a Short-Term Rental unless the building in which the Short-Term Rental is located is in compliance with both Ontario Building Code and Fire Code. (4) No Short-Term Rental shall be Operated in any area where a residential use is not permitted under Zoning By-law 1-88, as amended, or its successor by-law. (5) No Short-Term Rental Owner shall allow any Person to Operate his or her Short- Term Rental unless such Person has been registered with the City as per subsections 5.0(13)(h) and 5.0(13)(i) and Section 11.0(6). [Added by subsection 5 of By-law 032-2021 on March 10, 2021.] [Amended by section 2 of By-law 073- 2022 on April 26, 2022.] (6) Every Short-Term Rental Owner shall ensure that the list of Short-Term Rental Operators relating to the Short-Term Rental is up-to-date and accurate in accordance with Section 5.0(6). (7) Notwithstanding the requirements under subsection 5.0(13)(h) and Section 11.0(6), every Short-Term Rental Owner shall be fully responsible for any and all decisions and actions governed by this By-law, including those taken by a Short- Term Rental Operator, whether or not such individual has been identified as such by the Short-Term Rental Owner and whether or not such individual was granted explicit permission or authority to make such decisions or take such actions. [Amended by section 3 of By-law 073-2022 on April 26, 2022.] (8) Every Short-Term Rental Owner shall post the licence supplied by the City at the time of issuance or renewal in a conspicuous place visible from the outside of the Dwelling Unit, on, or as near as possible to, the main entrance to the Short-Term Rental. (9) [Deleted by section 1 of By-law 073-2022 on April 26, 2022.] (10) No Short-Term Rental Owner shall hold, advertise, permit, or otherwise allow any occupancy that exceeds the maximum under either the Ontario Building Code or Fire Code, or which may otherwise pose a hazard or public nuisance, as determined by the Chief Licensing Officer. - 18 - 12.0 Regulatory Requirements for Short-Term Rental Operators (1) No Short-Term Rental Operator shall Operate a Short-Term Rental unless he or she is registered with the City for that purpose by the Short-Term Rental Owner, in accordance with Subsection 5.0(13)(i) and Section 11.0(6). (2) Every Short-Term Rental Operator registered in accordance with Subsection 5.0(13)(i) and Section 11.0(6) and who is an Individual Person shall be at least 18 years of age at the time of registration. (3) Every Short-Term Rental Operator shall be required to identify him or herself upon request by an Officer or any other person authorized to administer or enforce this By-law. 13.0 Administrative Matters (1) Any Order, notice or other information required or authorized to be forwarded, given or served under this By-law is sufficiently given if delivered personally or sent by first-class prepaid mail addressed to the Person to whom delivery is required to be made at the address shown on the application or at last address shown or appearing on the records of the City and in the case of a corporation shall include delivery personally or by first-class prepaid mail delivered to any Individual Person who acts or appears to act for the benefit of such corporation, including a sales or customer service representative or an Individual Person employed or contracted by such corporation who is located at the premises of such corporation or any of such corporation's affiliates, subsidiaries or parent corporations, as the case may be. [Added by section 6 of By-law 032-2021 on March 10, 2021.] [Amended by section 1. of By-law 119-2024 on June 25, 2024] (2) Where service is effected by mail, it shall be deemed to be made on the fifth day after the date of mailing, unless the Person on whom service is being made establishes to the satisfaction of the Chief Licensing Officer, that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control, receive the notice or Order until a later date. (3) For the purposes of Section 23.3(4) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, it is the opinion of Council that the powers delegated to the Chief Licensing Officer, the Hearings Officer pursuant to this By-law are of a minor nature. (4) Despite the requirements under sections 10.0(1) through to and including 10.0(5), the Chief Licensing Officer, on behalf of the City, may enter into a data- sharing agreement with a Short-Term Rental Brokerage for the purposes of collection and disclosure of information required under this Bylaw. [Added by subsection 7 of By-law 032-2021 on March 10, 2021.] [Former sections 13.0(5) and 13.0(6) have been deleted by subsection 8 of By- law 032-2021 on March 10, 2021.] 14.0 Enforcement (1) The provisions of this By-law may be enforced by an Officer. - 19 - (2) An Officer who has reasonable grounds to believe that a Person has contravened any provision of this By-law may require that Person provide identification to the Officer. (3) Any information provided to the Officer under Section 14.0(2) is presumed to be correct and accurate and is admissible in any proceeding. (4) All persons who are required by an Officer to provide identification under Section 14.0(2) shall provide such identification to the Officer. Failure to provide sufficient or correct and accurate identification shall constitute an offence as set out under Section 14.0(6) of this By-law. (5) An Officer may issue an Order to any Person governed by the provisions of this By-law, directing such Person to: (a) discontinue a contravening activity; or (b) do work to correct a contravention. (6) Failure to comply with an Order under Section 14.0(5) is an offence and every Person named in such Order shall be subject to administrative monetary penalties and any other penalties and remedies prescribed under this By-law. (7) No Person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer who is exercising a power or performing a duty under this By-law. 15.0 Powers of Entry and Inspection (1) Officers, and any Person acting under their direction, may, at any reasonable time or at any time when there are reasonable grounds to believe that a contravention of this By-law is occurring or alleged to be occurring and subject to applicable law, enter onto any Property to determine if the provisions of this By-law are being complied with. (2) Officers are authorized, for the purposes of an inspection to determine and enforce compliance with the By-law, to: (a) enter, at any reasonable time, onto any Property, other than a Dwelling Unit unless authorized by the occupier of such Dwelling Unit or under the authority of a warrant issued by a court of competent jurisdiction; (b) require any Person to produce for inspection any substance, equipment, documents, or other things relevant to the alleged offence or inspection; (c) alone or in conjunction with Persons possessing special or expert knowledge, make examinations, take tests, obtain samples, and/or make audio, video and/or photographic records relevant to the alleged offence or inspection; and/or (d) require information from any Person concerning the alleged offence or inspection. - 20 - 16.0 Administrative Monetary Penalties (1) Instead of laying a charge under the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended, for a breach of any provisions of this By-law, an Officer may issue an administrative monetary penalty to the Person who has contravened this By-law. (2) If an administrative monetary penalty is issued to a Person under Section 16.0(1), no charge shall be laid against that same Person for the same breach. (3) The amount of the administrative monetary penalty for a breach under this By- law is $750.00. (4) A Person who is issued an administrative monetary penalty shall be subject to the procedures provided for in the Administrative Monetary Penalties By-law, as amended or its successor by-law. (5) An administrative monetary penalty imposed on a Person that becomes a debt to the City under the Administrative Monetary Penalties By-law, as amended or its successor by-law, may be added to the municipal tax roll and collected in the same manner as municipal taxes. 17.0 Offences and Penalties (1) Every Person who contravenes a provision of this by-law or direction provided by an Officer in order to achieve compliance shall be guilty of an offence and upon conviction shall be liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, C. P.33, and as set out below: (a) Upon a first conviction, a fine of not less than $500 and not more than $5,000.00. [Amended by subsection 9 of By-law 032-2021 on March 10, 2021.] (b) Upon a second or subsequent conviction, a fine of not less than $500.00 and not more than $10,000.00. [Amended by subsection 9 of By-law 032- 2021 on March 10, 2021.] (c) Upon conviction for a multiple offence, for each offence included in the multiple offence, a fine of not less than $500.00 and not more than $10,000.00. [Amended by subsection 9 of By-law 032-2021 on March 10, 2021.] (d) Upon a first conviction, where the contravener is a corporation, a fine not less than $500.00 and not more than $100,000.00. [Amended by subsection 9 of By-law 032-2021 on March 10, 2021.] (e) Upon a second or subsequent conviction, where the contravener is a corporation, a fine of not less than $500.00 and not more than $100,000.00. [Amended by subsection 9 of By-law 032-2021 on March 10, 2021.] - 21 - (f) Upon conviction for a multiple offence, for each offence included in the multiple offence and where the contravener is a corporation, a fine of not less than $500.00 and not more than $100,000.00. [Amended by subsection 9 of By-law 032-2021 on March 10, 2021.] (2) Upon the conviction of a Short-Term Rental Owner, for which the offence or offences relate to the carrying on of a party and for which an entrance fee was advertised or otherwise charged, a special fine, in addition to any other applicable fines, equivalent to the number of participants estimated by the Chief Licensing Officer to have attended multiplied by the amount advertised or charged per person. 18.0 Collection of Unpaid Penalties and Fines (1) Where a fine is in default, the City may proceed with civil enforcement against the Person upon whom the fine has been imposed, pursuant to the Provincial Offences Act, R.S.O. 1990, Chapter P.33. (2) The City may make a request to the treasurer of a local municipality to add any part of a fine that is in default to the tax roll for any Property in the local municipality for which all of the owners are responsible for paying the fine, and to collect it in the same manner as municipal taxes. 19.0 Continuation, Repetition Prohibited by Order (1) The court in which a conviction has been entered, and any court of competent jurisdiction thereafter, may make an Order prohibiting the continuation or repetition of the offence by the Person convicted, and such Order shall be in addition to any other penalty imposed on the Person convicted. 20.0 Evidentiary Requirements (1) A court or Hearings Officer may, in the absence of evidence to the contrary, infer that a listing on the platform of a Short-Term Rental Brokerage or a public advertisement to the effect, and by any means, is proof that the premises or part thereof is being rented or offered for rent as a Short-Term Rental. For greater certainty, a witness need not possess special or expert knowledge for the court or Hearings Officer to make any such inference. 21.0 Severability (1) If any provision or part of this By-law is declared by any court or tribunal of competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in particular circumstances, the balance of the By-law, or its application in other circumstances, shall not be affected and shall continue to be in full force and effect. 22.0 Force and Effect (1) This By-law shall come into force and effect on the 1st day of January of 2020. - 22 - Enacted by City of Vaughan Council this November 19, 2019. Hon. Maurizio Bevilacqua, Mayor Todd Coles, City Clerk Authorized by Item No. 5 of Report No. 7 Of the Finance, Administration and Audit Committee Adopted by Vaughan City Council on May 14, 2019. - 23 - AMENDMENT HISTORY SHORT-TERM RENTAL BY-LAW DATE (YYYY/MM/DD) BY-LAW AUTHORITY CONSOLIDATED 2021 / 03 / 10 032-2021 Item 9, Report 8, Committee of the Whole  2022 / 03 / 22 073-2022 Item 14, Report No. 12, Committee of the Whole  2022 / 09 / 28 226-2022 Item 6, Report No. 32, Committee of the Whole  2023 / 12 / 12 200-2023 Item 26, Report 28, Committee of the Whole  2024 / 06 / 25 119-2024 Item 22, Report 25, Committee of the Whole  - 24 -