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THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE
BY-LAW NUMBER 2022-032-LI
BEING A BY-LAW to license, regulate, and govern
certain businesses in the Town of Whitchurch-Stouffville
and to repeal By-laws 2013-120-LI, 2012-121-LI, 2011-
089-LI, and 2010-038-RE.
WHEREAS Part IV of the Municipal Act, 2001 S.O. 2001., c.25, ("Municipal Act") as
amended, states that a municipality may provide for a system of licenses with respect
to businesses; and
WHEREAS Section 11 of the Municipal Act, states that a municipality may pass by
laws in the interest of health and safety and well-being of persons, and protection of
persons and property, including consumer protection; 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 Section 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 Section 434.1 of the Municipal Act, states that a municipality may provide
for a system of administrative penalties and fees as an additional means of
encouraging compliance with a by-law; and
WHEREAS the Council of The Corporation of the Town of Whitchurch-Stouffville
("Council") considers it advisable that such licensing, regulation, and governing take
place with regard to certain businesses in the interest of health and safety and well
being of persons, and protection of persons and property, including consumer
protection.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:
1.
That any persons who owns or operates a certain business within the Town of
Whitchurch-Stouffville as identified in this by-law, shall be subject to all relevant
regulations contained in the schedules hereinafter set out and such schedules
form part of this by-law:
Schedule A: Rules and Regulations for Certain Businesses requiring Licensing
Schedule B: Short-Term Rentals
Schedule C: Second Suites
Schedule D: Tourist Camps and Trailer Camps; and
2.
That the short title of this by-law be known as the "Licensing By-law"; and
3.
That by-laws 2013-120-LI, 2012-121-LI, 2011-089-LI, and 2010-038-RE are
hereby repealed; and
Amended May 20, 2026
By-law 2022-032-LI
Page 2 of 13
4.
Notwithstanding the repeal of By-laws 2013-120-LI, 2012-121-LI, 2011-089-LI,
and 2010-038-RE and all amendments thereto, those By-laws shall continue to
apply to any acts, omissions or occurrences, and to any offences that took place
prior to the enactment of this By-law; and
5.
That every provision of this by-law is declared to be severable from the
remainder of the by-law, and if a court of competent jurisdiction shall declare any
provision of this by-law invalid, such declaration shall not affect the validity of the
remainder thereof.
READ a first and second time this 5th day of April, 2022.
READ a third time and passed this 5th day of April, 2022.
~.Uv.- ~d~
By-law 2022-032-LI
Page 3 of 13
SCHEDULE A - RULES AND REGULATIONS FOR CERTAIN BUSINESSES
REQUIRING LICENSING
Each Business is subject to the provisions listed under their specific schedules of the
Licensing By-law, in addition to the provisions of this Schedule A.
Note: The first letter of all defined terms in this by-law is capitalized.
1.
DEFINITIONS
For the purposes of this by-law:
Appeals Committee: a Committee appointed by Council to hear appeals pursuant
to specific Town By-laws.
Appellant: a Person applying to the Appeals Committee.
Applicant: a Person applying for a Licence under this by-law, including an
appointed Agent by the Owner to act on their behalf.
Business: Short-Term Rentals, Second Suites, Kennels, and Tourist Camps and
Trailer Camps.
Camping Lot: the part of a Tourist Camp or Trailer Camp that is to be occupied
by a trailer, tent, cabin, mobile home or other recreational vehicle.
Council: the Council of The Corporation of the Town of Whitchurch-Stouffville.
Dwelling: a single detached residential building.
Dwelling Unit: one or more habitable rooms, occupied or capable of being
occupied as an independent and separate housekeeping establishment, in which
separate kitchen and sanitary facilities are provided for the exclusive use of the
occupants.
Expiry Date: shall be the date upon which Licences issued pursuant to this by-law
expire, being December 31 each year.
Floor Plan: a plan identifying the dimensions of all rooms, spaces or common
areas and how they will be used, and the location of smoke alarms, carbon
monoxide alarms, and fire extinguishers.
Guest(s): the Person(s) paying to rent a Short-Term Rental from an Owner.
Guest Room: a singular space within a building comprised of a floor, a ceiling and
walls that is capable of being occupied and used by a Guest(s) for Short-Term
Rental accommodation which conforms to the minimum standards for a sleeping
room.
Inspector: a Building Official, Municipal Law Enforcement Officer, or Fire Chief or
designate, appointed by the Town.
Licence: the certificate issued under this by-law as proof of licensing under this
by-law.
Licensee: a Person licensed under this by-law.
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Licensing Officer: a Person appointed by Council to issue Licences and/or their
designate.
Municipal Law Enforcement Officer: a Person appointed by Council to enforce
this and other by-laws.
Owner: the Person holding title to the lands on which the Business is located.
Person: includes, but is not limited to, an Owner, a corporation and the heirs,
estate trustees or other legal representatives of a Person to whom the context can
apply according to law.
Premises: any place or location, or part thereof, in which a Business is carried on.
Responsible Person: the Person assigned by the Owner of a Short-Term Rental
to ensure the Premises are operated in accordance with the provisions of this by-
law, the Licence, and the relevant provisions of all applicable law.
Second Suite: an accessory second Dwelling Unit in a Dwelling.
Short-Term Rental: the use of a Dwelling Unit or part of a Dwelling Unit for
temporary overnight Guest accommodation for a period of not more than 28
consecutive days, and shall not include a hotel, motel, retirement home, or bed and
breakfast establishment as defined by the Zoning by-law.
Short-Term Rental Code of Conduct: a document outlining the roles and
responsibilities of the Guests, including behavioural expectations as they relate to
non-disturbance; and that the Renter must comply with the provisions of this by-
law and any other applicable laws.
Site Map: a plan showing site dimensions, boundaries, and features of the
Premise, with the location of all buildings, structures, uses, and parking.
Tourist Camp: land equipped with cabins used or maintained for the overnight
accommodation of the public, and land used or maintained to provide
accommodation for tents, mobile homes or other recreational vehicles to be
occupied by the public.
Town: The Corporation of the Town of Whitchurch-Stouffville and/or the
geographic area within the Town of Whitchurch-Stouffville, as the context requires.
Trailer Camp: land upon which any vehicle, which is so constructed that it is
suitable for being attached to a motor vehicle for the purpose of being drawn or
propelled by the motor vehicle, and which is used for the living, sleeping or eating
accommodation of Persons therein, is placed, located, kept or maintained,
notwithstanding that such vehicle may be jacked up or that its running gear may
be removed .
Zoning By-law: a document that controls the use of land in the Town by
implementing the objectives and policies of the Town's Official Plan.
2.
GENERAL REGULATIONS
2.1
No Person shall operate a Business listed under this by-law unless that
Person has first obtained a Licence from the Town.
2.2
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.
By-law 2022-032-LI
Page 5 of 13
2.3
No Person who has or is required to have a Licence under this by-law shall
obstruct or hinder the making of any inspection under this by-law, or cause
or allow such an inspection to be obstructed or hindered.
2.4
No Person shall obstruct the Licensing Officer or an Inspector in the
execution of their duties.
2.5
No Person shall withhold, destroy, conceal or refuse to furnish any
information, books, papers, documents, or things relevant to the subject
matter of an application or an inspection.
2.6
No Person licensed pursuant to this by-law shall discriminate against any
member of the public.
2. 7
No Person licensed to carry on certain Businesses under this by-law shall
advertise or promote or carry on such Business under any name other than
the name endorsed upon his Licence.
2.8
No Person shall be licensed under this by-law unless they are:
(i)
at least eighteen ( 18) years of age; and
(ii)
a citizen of Canada, a landed immigrant or in possession of a valid
employment authorization issued by the Government of Canada.
2.9
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 Licensing Officer.
3.
LICENCES AND RENEWALS
3.1
Every Applicant shall submit with the applicable fee established in the
Town's Fees and Charges By-law, a completed application on the
prescribed form to the Licensing Officer and shall provide information
requested thereon.
3.2
In the case of an application by a partnership, such application may be
submitted by one of the partners, provided that the application shall be
signed by all of the partners, and in the case of an application by a
corporation, such application shall be submitted by an officer of the
corporation.
3.3
New Licenses shall be inspected by lnspector(s) prior to the issuance of a
Licence.
3.4
The Licensing Officer may request a copy of the transfer/deed providing
proof of ownership of the property on which the Business is situated.
3.5
Renewals shall be received by the Expiry Date. Any renewals received up
to 30 days after the Expiry Date shall be subject to late fees. Any renewals
not received within 30 days of the Expiry Date shall be deemed expired,
and the application shall be considered a new application.
3.6
Upon renewal, Applicants shall submit a sworn statement declaring that
there have been no changes to the Licence.
3.7
Every five (5) years an inspection shall be performed when a renewal is
processed.
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3.8
Any Licensee who has failed to renew their Licence in any year, but has
continued to operate the licensed Business, shall be liable to pay all renewal
fees and late fees that would have been payable in respect of any year for
which the Licence was not renewed for that Business.
3.9
When an application for a Licence or a renewal of a Licence is made in
accordance with the provisions of this by-law and the Applicant meets all
the requirements of this by-law, the Licensing Officer shall issue a Licence
and the Applicant shall thereby be licensed.
3.10
A Licensee shall notify the Licensing Officer about any changes to their
Licence and a License will be re-issued as required. No Person shall modify
a Licence.
3.11
No Person shall enjoy a vested right in the continuance of a Licence and
the value of a Licence shall be the property of the Town and shall remain
so irrespective of the issuance, renewal, suspension, or revocation thereof.
3.12
The Applicant is responsible for meeting the licensing requirements
contained in this by-law and confirms the accuracy, truthfulness and
completeness of the information submitted.
4.
LICENSING OFFICER
4.1
The Licensing Officer shall:
(i)
receive and process all completed applications for Licences and
renewals of Licences to be issued under this by-law;
(ii)
sign and issue Licences to Persons who meet the requirements of
this by-law;
(iii)
refuse to issue, and may suspend or revoke Licences to Persons
who do not meet the requirements of this by-law;
(iv)
receive all amendments regarding Licenses and re-issue Licences
as required; and
(v)
maintain a registry of all Businesses licensed under this by-law.
5.
INSPECTION
5.1
Inspectors and/or the Licensing Officer 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.
5.2
Businesses shall be inspected by lnspector(s) upon initial application of a
License, prior to issuance, and upon any amendments regarding Licenses
and re-issuance of a License.
5.3
Every five (5) years an inspection shall be performed when a renewal is
processed.
6.
REFUSAL, SUSPENSION AND REVOCATION
By-law 2022-032-LI
Page 7 of 13
6.1
The Licensing Officer may refuse to issue or renew a Licence that does not
meet the registration requirements in this by-law.
6.2
The Licensing Officer may suspend a Licence where there is reason to
believe that a breach of this by-law has occurred.
6.3
The Licensing Officer may revoke the Licence at any time after licensing if:
(i)
the conditions leading to a suspension have not been remedied after
fourteen ( 14) days after a notice has been served; or
(ii)
where false or mistaken information has been provided in relation to
its application for License.
6.4
The Licensing Officer shall provide written notice to the Applicant or
Licensee of any refusal, suspension, or revocation:
(i)
setting out the grounds and giving conditions;
(ii)
signed by the Licensing Officer; and
(iii)
informing the Applicant or Licensee of their right to a hearing if a
written request for such a hearing is received within ten (10) days
following the date of notice served.
6.5
The Licensing Officer shall serve the written notice in Person or by
registered mail addressed to the Applicant or Licensee at the last address
given by that Person to the Licensing Officer. When written notice is given
by registered mail, service shall be deemed effective five (5) days from the
date of mailing.
6.6
The Licensing Officer may reinstate the Licence once the conditions leading
to the refusal, suspension, or revocation have been remedied.
6. 7
A Licensee whose Licence has been suspended or revoked shall return the
Licence issued by the Licensing Officer within twenty-four (24) hours of
notice served. The Licensing Officer and/or Inspector may enter upon the
Business Premises of the Licensee for the purpose of receiving or removing
the said Licence.
6.8
No Person whose Licence has been suspended or revoked shall refuse to
deliver the Licence to the Licensing Officer and/or Inspector or in any way
obstruct or prevent the Licensing Officer and/or Inspector from receiving or
taking the same.
7.
APPEALS
7.1
An Applicant or Licensee may appeal a refusal of an application or an
application for renewal, suspension or revocation of a Licence, or an
administrative penalty as set out in accordance with the Town's Fees and
Charges By-law.
7.2
Written request for an appeal hearing shall be received by the Licensing
Officer and include:
(i)
contact information of Appellant, including complete mailing address,
phone number, and current email;
By-law 2022-032-LI
Page 8 of 13
(ii)
mailing date;
(iii)
signature of Appellant;
(iv)
any supporting documentation; and
(v)
appeal fee as set out in the Town's Fees and Charges By-law.
7.3
On receipt of a written request from an Appellant, the Licensing Officer shall
convene an Appeals Committee hearing, and shall contact the Appellant by
phone or email, at least 14 days before the date fixed for such hearing,
setting out the time and place thereof.
7.4
The Appellant and any other interested Person may appear at the appeal
hearing and present oral or written evidence relating to the Application or
Licence.
7.5
The Licensing Officer shall send by registered mail, a written notice of the
Appeals Committee decision, and upon the mailing of such written notice
the decision shall take effect.
8.
OFFENCE AND PENAL TY
8.1
Any Person who contravenes any provision of this by-law, including every
director or officer of a corporation who concurs in such a contravention, is
guilty of an offence, and upon conviction pursuant to the provisions of the
Provincial Offences Act, R.S.O. 1990, c.P.33, as amended, is liable to:
(i)
a penalty, in the case of Persons other than corporations, not to
exceed $25,000.00 for a first offence, and $50,000 for any
subsequent offence;
(ii)
a penalty, in the case of corporations, not to exceed $50,000.00.
8.2
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.
8.3
No Person shall hinder or obstruct, nor attempt to hinder or obstruct, either
directly or indirectly, an Officer, employee and/or Agent of the Municipality
in the lawful exercise of a power of duty under this By-law.
8.4
Every Person shall comply with any Order of Notice issued under the
authority of this By-law.
8.5
A Municipal Law Enforcement Officer who finds that a Person has
contravened any provisions of this by-law may issue a penalty notice
addressed to that Person.
8.6
Any Persons who contravenes any provisions of this by-law shall, upon
issuance of a penalty notice pursuant to subsection 8.7, be liable to pay to
the Town an administrative penalty as listed under the Town's Fees and
Charges By-law, as amended.
8. 7
The penalty notice shall be given to the Person to whom or to which it is
addressed as soon as it is reasonably practicable and shall include the
following information:
(i)
Particulars of the contravention, including to which property it
applies;
(ii)
The amount of the administrative penalty;
By-law 2022-032-LI
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(iii)
Information respecting the process by which the Person may
exercise the Person's right to request a review of the administrative
penalty; and
(iv)
A statement advising that an administrative penalty will, unless
modified or rescinded pursuant to the review process, constitute a
debt to the Town.
8.8
A Person may appeal an administrative penalty to the Appeals Committee
as set out in Section 7 - Appeals.
8.9
An administrative penalty that is deemed to be affirmed constitutes a debt
to the Town of each Person to whom or to which the penalty notice was
given.
8.10
An administrative penalty that is not paid may be added to the tax roll to the
property which it applies and collected in the same manner as taxes.
8.11
Applicable fees for administration and/or enforcement activities under this
by-law, including but not limited to Notices/Orders, Inspection/Re-
inspection, Court, etc., shall be subject to the rates and fees set out in
accordance with the Town's Fees and Charges By-law, as amended.
SCHEDULE B - SHORT-TERM RENTALS
1.
SPECIFIC REGULATIONS
By-law 2022-032-LI
Page 10 of 13
1.1
Every Owner operating a Short-Term Rental shall Licence the Short-Term
Rental with the Licensing Officer pursuant to this By- law.
1.2
Short-Term Rentals shall only be permitted within a Dwelling Unit or a
licensed Second Suite.
1.3
The maximum limit of overnight Guests in a Short-Term Rental shall be two
(2) Persons per Guest Room, up to a maximum of ten (10) overnight
Guests.
1.4
If the Short-Term Rental is rented by the Guest Room, no more than two (2)
rooms with a maximum of two (2) Persons in each Guest Room will be
rented simultaneously.
1.5
The maximum number of Guest Rooms and Guests as identified in
subsection 1.3 may be exceeded if in the opinion of the Fire Chief and Chief
Building Official, the Short-Term Rental does not present a safety risk.
1.6
The maximum number of parking spaces permitted at the Short-Term
Rental shall be the total number of spaces available on the private driveway,
including the garage, if any.
1. 7
The Licensee shall:
(i)
Display the Licence permanently in a prominent place in the Short-
Term Rental to which it applies.
(ii)
Ensure that there is a Responsible Person available to attend the
Short-Term Rental at all times within a period of no greater than one
hour from the time of contact by way of telephone or e-mail.
(iii)
Ensure that each Guest has been provided with:
(a)
the Short-Term Rental Code of Conduct
(b)
emergency contact information of a Responsible Person
(c)
instructions on what to do in the event of an emergency
(d)
a Floor Plan and Site Map of the Short-Term Rental.
(iv)
Ensure Guest Rooms are equipped with working smoke alarms,
installed as per the manufacturer's instructions.
(v)
Keep a record of the Guest(s) with such record containing the name,
address, date of entry, the length of stay and confirmation of receipt
of the Short-Term Rental Code of Conduct with such record readily
available for inspection at all times by an Inspector for a period of
one ( 1) year.
(vi)
Maintain the Short-Term Rental 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 Short-Term Rental. 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, which is of a sufficient size that will store the
By-law 2022-032-LI
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garbage and waste generated by the Premises until such garbage
and waste is disposed of.
(vii)
Ensure that the Short-Term Rental is operated and used in a fashion
such that the operation or use will not cause a disturbance or a
nuisance to the neighbourhood.
(viii)
Ensure that all advertisements of the Short-Term Rental include their
valid Town Licence number.
SCHEUDLE C - SECOND SUITES
1.
SPECIFIC REGULATIONS
By-law 2022-032-LI
Page 12 of 13
1.1
Every Owner of a Dwelling containing a Second Suite shall Licence the
Second Suite with the Licensing Officer pursuant to this By- law.
1 .2
A Second Suite is not permitted in semi-detached houses, town houses, or
row houses.
1.3
The Licensee shall:
(i)
Display the Licence permanently in a prominent place in the Second
Suite to which it applies.
(ii)
Ensure that there is a Responsible Person available to attend the
Short-Term Rental at all times within a period of no greater than one
hour from the time of contact by way of telephone or e-mail.
(iii)
Maintain the Second Suite 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 Second Suite. 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
Second Suite, 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.
(iv)
Ensure that the Second Suite is operated and used in a fashion such
that the operation or use will not cause a disturbance or a nuisance
to the neighbourhood.
(v)
Ensure that all advertisements of the Second Suite include their valid
Town Licence number.
SCHEDULE D - TOURIST CAMPS AND TRAILER CAMPS
1.
SPECIFIC REGULATIONS
By-law 2022-032-LI
Page 13 of 13
1.1
Every Owner of a Tourist Camp or Trailer Camp shall Licence the Tourist
Camp or Trailer Camp with the Licensing Officer pursuant to this By- law.
1.2
The Licence will permit the occupancy of any Camping Lots on the
Premises between April 1st and October 31st of any year. Any occupancy
between November 1st and March 30th will be deemed in violation of this by
law.
1.3
The Licensee shall:
(i)
Display the Licence permanently in a prominent place in the Tourist
Camp or Trailer Camp to which it applies.
(ii)
Not allow trailers, mobile homes, tents or cabins, whether on a
temporary or full-time basis, to be situated on lots other than those
designated as Camping Lots.
(iii)
Not amend the Site Map submitted to the Licensing Officer in any
way without prior approval from the Licensing Officer.
(iv)
Ensure that the Tourist Camp or Trailer Camp is operated and used
in a fashion such that the operation or use will not cause a
disturbance or a nuisance to the neighbourhood.
(v)
Ensure that all advertisements of the Tourist Camp or Trailer Camp
include their valid Town Licence number.