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(Amended by By-law 66-2023, dated May 29, 2023)
BY-LAW NUMBER 14-2023
A BY-LAW TO ESTABLISH A LICENSING PROGRAM FOR THE REGULATION
OF RESIDENTIAL RENTAL HOUSING IN THE CITY OF WINDSOR
Passed the 13th day of February, 2023.
WHEREAS Section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
(the "Municipal Act") 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 151(5) of the Municipal Act provides that a 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 provides for the municipality to
impose fees or charges on persons for services or activities provided or done by
or on behalf of it;
AND WHEREAS Section 425 of the Municipal Act 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 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 the Municipal Act or under a by-law passed
under the Municipal Act;
AND WHEREAS Section 429 of the Municipal Act 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 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 Sections 444 and 445 of the Municipal Act respectively, 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 for The Corporation of the City of Windsor considers
it necessary and desirable for the public to regulate the renting of residential
premises for the purpose of protecting the health and safety of the persons residing
in residential rental premises by ensuring that certain regulations are met, that the
required essentials such as plumbing, heating and water are provided, for ensuring
that the residential rental premises do not create a nuisance to the surrounding
properties and neighbourhood and to protect the residential amenity, character and
stability of residential areas;
2
THEREFORE the Council of The Corporation of the City of Windsor enacts this
by-law to licence residential rental housing within the jurisdictional boundaries of
the City of Windsor as follows:
1
Short Title
1.1
This by-law may be cited as the Residential Rental By-law.
2
Definitions
2.1
In this by-law:
"Applicant" means a person seeking to become licensed under this By-
law (i.e., become a Licensee) and who, either in person or through an
Authorized Agent, makes such an application;
"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;
"Bed-and-Breakfast or Guest House Establishment" means a home-
based business for the temporary accommodation of the traveling public
located within a single detached dwelling which is occupied on a full-time
basis by the owner of such single detached dwelling or the principal
shareholder (or one of them if more than one shareholder holds the greatest
number of shares) of the corporation registered as the legal owner of the
Building, including during the time the Bed and Breakfast or Guest House
is in operation, and shall contain at least one (1) bedroom for the exclusive
use of the owner and at least two (2) accessory guest rooms for use in the
Bed and Breakfast or Guest House operation, and shall mean and include
any Bed and Breakfast or Guest House legally established under any
predecessor by-law, but shall not include a Lodging House, Hotel, or Short-
Term Rental;
"Building" means a structure, whether permanent or temporary, with walls
or a roof or part thereof, used or intended to be used for shelter,
accommodation or enclosure of persons, animals, goods or chattels;
"Building Code" means Ontario Regulation 350/06, as amended under the
Building Code Act, 1992, S.O.1992, c.23, as amended;
"Business Licensing By-law" means the City's Business Licensing By-
law 395-2004, as amended, or its successor by-law;
"Chief Building Official" means the Chief Building Official for the City or
their delegate;
"Chief of Police" means the Chief of Windsor Police Service, or their
delegate;
"City" means The Corporation of the City of Windsor or any person
authorized to act on behalf of the Corporation for the purposes of exercising
its powers under this By-law;
3
"Contact Information" means, but is not limited to:
(a)
Mailing address;
(b)
Telephone number;
(c)
E-mail address; and
(d)
Emergency contact;
"Dwelling Unit" means a room or suite of rooms in a Building used or
designed to be used by one (1) or more individuals as an independent and
separate housekeeping unit;
"Fire Chief" means the Chief of Windsor Fire and Rescue Services, or their
delegate;
"Fire Code" means O. Reg. 213/07, as amended, under the Fire Protection
and Prevention Act, 1997, S.O. 1997, c.4, as amended;
"Ice and Snow By-law" means the City's Ice and Snow Removal By-law
8544, as amended, or its successor by-law;
"Individual Person" means a natural person;
"Licence" means the certificate issued under this By-law as proof of
licensing under this By-law;
"Licence Commissioner" means the Licence Commissioner for the City
and shall mean and include any delegate or delegates of the Licence
Commissioner for the City as well as any successor position to the Licence
Commissioner
carrying
out
the
responsibilities
of
the
Licence
Commissioner at the time of the passing of this By-law;
"Licensee" means a person, corporation or partnership who has been
issued and maintains a valid Licence pursuant to the terms of this By-law;
"Local Contact" means an Individual Person, whether an Owner or an
Operator, who is responsible for the Rental Housing Unit and who resides
within the City of Windsor or the County of Essex; (amended by By-law
66-2023, dated May 29, 2023)
"Market", "Marketed", or "Marketing" means...directly or indirectly, the
promotion, canvassing, solicitation, or advertising of part or all of a Rental
Housing Unit, and includes placing, posting or erecting advertisements
physically or online; (amended by By-law 66-2023, dated May 29, 2023)
"Medical Officer of Health" means the Medical Officer of Health for the
Municipality of Windsor, Ontario;
"Noise By-law" means the City's Noise By-law 6716, as amended, or its
successor by-law;
"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;
"Ontario Police Service" means a police service established in Ontario
under the Police Services Act, R.S.O. 1990, c. P.15, as amended;
"Operate", "Operated" or "Operating" means to rent out, provide, offer
to rent out or provide, or cause to be Marketed, the offer or rental, whether
directly or indirectly, including, without limitation, via the internet or other
4
electronic platform, of a Rental Housing Unit and shall include a person
collecting a fee or handling payments in respect of a Rental Housing Unit;
"Operator" means any person who operates, maintains, or is otherwise
responsible for managing or addressing issues in relation to a Rental
Housing Unit but is not an Owner;
"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, including section 9.5 of this by-law, 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;
"Owner" includes:
(a)
Each registered owner of a Rental Housing Unit;
(b)
Each person who permits occupancy of a Rental Housing Unit; and
(c)
The heirs, assigns, personal representatives and successors in title
of a person referred to in articles (a) and (b);
"Parking By-law" means the City's Parking By-law 9023, as amended, or
its successor by-law;
"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, operate
or offer to operate a Rental Housing Unit, despite the fact that no single one
of those persons carries on the activity in its entirety;
"Prohibited Ground" means the prohibited grounds of discrimination as
provided for under the Ontario Human Rights Code, R.S.O. 1990, c. H.19;
"Property" means a Building, and includes the lands and premises
appurtenant thereto, and includes vacant property;
"Property Standards By-law" means the City's Property Standards By-
law 9-2019, as amended, or its successor by-law;
"Rent" includes the amount of any consideration paid or given or required
to be paid or given by or on behalf of a Tenant to an Owner for the right to
occupy a Rental Housing Unit and for any services and facilities and any
privilege, accommodation or thing that the Owner provides for the Tenant
in respect of the occupancy of the Rental Housing Unit, whether or not a
separate charge is made for services and facilities or for the privilege,
accommodation or thing;
"Rental Housing Unit" means a Dwelling Unit which is occupied or offered
for occupancy in exchange for Rent or services in lieu of paying Rent;
"Tenant" includes a person who pays Rent or provides services in lieu of
paying Rent in return for the right to occupy a Rental Housing Unit and
includes the person's heir, assigns (including subtenants) and personal
representatives;
"Waste Collection By-law" means the City's Waste Collection By-law 2-
2006, as amended, or its successor by-law;
5
"Yard Maintenance and Anti-Littering By-law" means the City's Yard
Waste, Exterior Property Maintenance and Littering By-law 3-2006, as
amended, or its successor by-law;
"Zoning By-law" means the City's Zoning By-law 8600, as amended, or its
successor by-law, as well as any other by-laws passed by the City pursuant
to s. 34 of the Planning Act, R.S.O. 1990, c. P13, as amended.
3
Applicability and Scope
3.1
This by-law applies to all of the following within Wards 1 and 2 of the City of
Windsor as described in Appendix "A" of this By-law:
(a)
Owners of a Rental Housing Unit;
(b)
Operators of a Rental Housing Unit; and
(c)
Dwelling Units used or intended to be used as a Rental Housing Unit.
3.2
This By-law does not apply to:
(a)
a Property containing five (5) or more Dwelling Units;
(b)
a Dwelling Unit whose occupant or occupants are required to share
a bathroom or kitchen facility with the owner, the owner's spouse,
child or parent or the spouse's child or parent, and where the owner,
spouse, child or parent lives in the Building in which the living
accommodation is located;
(c)
a hotel, motel, or inn;
(d)
a Bed-and-Breakfast, Guest House Establishment, or Lodging Home
licensed under the City's Business Licensing By-law; or
(e)
a Dwelling Unit to which any of the following statutes, or their
regulations, apply:
(i)
the Homes for Special Care Act, R.S.O. 1990, c H. 12, as
amended;
(ii)
the Innkeeper's Act, R.S.O. 1990, c 17, as amended;
(iii)
The Fixing Long-Term Care Act, 2021, S.O. 2021, c. 39,
Sched. 1, as amended; (amended by By-law 66-2023, dated
May 29, 2023)
(iv)
the Retirement Homes Act, 2000, S.O. 2010, c. 11, as
amended;
(v)
The Housing Services Act, 2011, S.O. 2011, c. 6, Sched. 1,
as amended; and (amended by By-law 66-2023, dated May
29, 2023)
(f)
social housing or affordable housing that is not subject to the Social
Housing Reform Act, 2000, S.O. 2000, c. 27, as amended, but which
is subject to an agreement with the City of Windsor and which has
been approved for exemption by the Licence Commissioner.
4
Prohibitions
4.1
No person shall do any of the following, except in accordance with a Licence
issued under this by-law:
6
(a)
Operate a Rental Housing Unit;
(b)
Permit a person to operate a Rental Housing Unit;
(c)
Collect Rent, or permit Rent to be collected, for a Rental Housing
Unit;
(d)
Market, or permit to be Marketed, a Rental Housing Unit; or
(e)
Hold a Rental Housing Unit out as being licensed.
4.2
(deleted by By-law 66-2023, dated May 29, 2023)
4.3
No person shall do any of the following under a name other than the name
under which a Licence has been issued under this by-law:
(a)
Operate a Rental Housing Unit;
(b)
Permit a person to operate a Rental Housing Unit;
(c)
Collect Rent, or permit Rent to be collected, for a Rental Housing
Unit;
(d)
Market, or permit to be Marketed, a Rental Housing Unit; or
(e)
Hold a Rental Housing Unit out as being licensed.
4.4
No person shall provide false or misleading information to the City when
applying for a Licence under this by-law, renewing a Licence or at any other
time.
4.5
No person shall operate, or permit to operate, a Rental Housing Unit in
contravention of the City's Zoning By-law, or in contravention of any of the
other of the City's by-laws, or in contravention of the Building Code, the Fire
Code, or any other applicable law.
4.6
No person licensed under the provisions of this by-law shall fail to maintain,
on a continuous basis, the standards and requirements necessary to obtain
the original approval of the Licence application, or that have been imposed
since the issuance of the Licence.
4.7
No person shall hinder or obstruct, or attempt to hinder or obstruct, or
advise, instruct, or encourage others to hinder or obstruct, an Officer who is
exercising a power or performing a duty under this by-law.
4.8
No person shall fail to keep any and all of the records required to be kept
under the provisions of this by-law.
4.9
No Licence issued under this by-law may be sold or transferred.
4.10 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 Licence Commissioner
discriminates on the basis of a prohibited ground under the Ontario Human
Rights Code, R.S.O. 1990, c. H.19, as amended, or is deemed by the
Licence Commissioner to have the same or similar effect.
5
Powers and Duties
POWERS AND DUTIES OF THE LICENCE COMMISSIONER
5.1
The Licence Commissioner:
7
(a)
Shall receive and process all applications for Licences and renewal
of Licences to be issued under this By-law;
(b)
Shall coordinate the enforcement of this By-law;
(c)
Shall perform all the administrative functions conferred upon him or
her by this By-law;
(d)
Shall make or cause to be made all investigations and inspections
which they deem necessary to determine whether an Applicant
meets the requirements of this By-law and all applicable laws;
(e)
Shall make or cause to be made a circulation, respecting each
application, which may include circulation of the licence application
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 for comment;
(f)
May issue Licences to persons who meet the requirements of this
By-law and may suspend Licences pursuant to the requirements of
this By-law; and
(g)
May, where a Licence has been issued pursuant to this By-law and
otherwise remains in full force and effect, renew the Licences of
persons who meet the requirements of this By-law.
5.2
Upon reviewing a licence application, including an application for renewal
of a Licence, or upon receiving information or a complaint as against a
Licensee, the Licence Commissioner may, in their sole discretion refer the
application to the Windsor Licensing Commission, to refuse to grant or
revoke or suspend or place conditions on a Licence upon the following
grounds:
(a)
Where there are reasonable grounds for belief that such Applicant or
Licensee will not carry on or engage in the business in accordance
with the law, or with integrity and honesty;
(b)
Where there are reasonable grounds for belief that the carrying on
by the Applicant or Licensee of the business in respect of which the
Licence is sought or held, would infringe the rights, or endanger the
health or safety of, members of the public;
(c)
Where there are reasonable grounds for belief that the carrying on
of the business by the Applicant or Licensee will result in non-
compliance with this By-law or any other requirement or prohibition
imposed by any other law;
(d)
Where the Property on which the Rental Housing Unit is situated is
subject to an Order, or Orders, made pursuant to:
(i)
The City's Property Standards By-law;
(ii)
The City's Zoning By-law;
(iii)
The Building Code Act, 1992 or any regulations made under
it, including the Building Code;
(iv)
The Fire Protection and Prevention Act, 1997, S.O. 1997, c.
4, as amended, or any regulations made under it; or
8
(v)
The authority of the Medical Officer of Health;
(e)
Where there are reasonable grounds for belief that the nature,
condition or use of the Property or premises, or any equipment,
vehicle or other personal property used or to be used by the
Applicant or Licensee in the carrying on or engaging of the business
would involve non-compliance with any provision of this By-law or
any other law;
(f)
Where there are reasonable grounds for belief that any application
or any other document or information provided by or on behalf of the
Applicant or Licensee, contains a false statement or provides false
information; and
(g)
Where information provided to the City by or on behalf of the
Applicant or Licensee, whether oral or in writing, has ceased to be
accurate, and the Applicant or Licensee has not provided up-to-date
accurate information to the City sufficient to allow the Licence
Commissioner, or the Windsor Licensing Commission, as the case
may be, to conclude the Licence should be granted or maintained as
valid and subsisting;
(h)
Where a Licensee's or Applicant's insurance, as approved by the
Licence Commissioner, has expired and they continue to carry on
business for which the Licence was issued;
(i)
Where a Licensee or Applicant fails to comply with a request to
inspect or hinders an inspection in any way;
5.3
The Licence Commissioner's decision under section 5.2 shall be guided by
the following considerations:
(a)
The safety, health and well-being of the community;
(b)
The impact on neighbouring properties;
(c)
Financial impact to the City;
(d)
The impact of any such Licence revocation or suspension on any
Tenant; and
(e)
Imposing terms or conditions on any such Licence revocation or
suspension that would minimize the adverse impact on any Tenant,
including the possibility of providing a reasonable time period before
the Licence revocation or suspension takes place to permit any
Tenant to find new housing or to seek relief in a Court or before the
Ontario Landlord and Tenant Board.
5.4
Despite section 5.2, a Licence shall not be issued or renewed and the
Licence Commissioner shall refer the matter to the Windsor Licensing
Commission where:
(a)
the Property for which the Rental Housing Unit 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;
9
(ii)
sexual offences;
(iii)
assault offences;
(iv)
confinement offences;
(v)
robbery or extortion offences;
(vi)
break and enter offences;
(vii)
fraud or forgery offences; or,
(viii)
a statutory or regulatory offence in any way related to the
ownership or management of residential rental properties.
5.5
For the purposes of sections 5.2 and 5.4 of this by-law, the term "person"
shall include any director, officer, partner or principal of a partnership or a
corporation or any shareholder of a corporation that holds at least fifty per
cent (50%) of the shares of that corporation.
5.6
In the case where the Licence Commissioner refuses, revokes or suspends
a Licence upon any one or more of the grounds listed in section 5.2 of this
by-law, the Applicant, or Licensee, as the case may be, may appeal the
Licence Commissioner's decision to the Windsor Licensing Commission by
notifying the Licensing Commissioner, in writing, of his, her or its request to
appeal to the Windsor Licensing Commission no later than fourteen (14)
days after the date the Licence application is refused, revoked or
suspended by the Licence Commissioner.
5.7
In the case where the Licence Commissioner or the Applicant, or Licensee,
as the case may be, refer or appeal to the Windsor Licensing Commission,
the Windsor License Commission may refuse to grant, or revoke or suspend
or place conditions on a Licence upon any one or more of the grounds listed
in section 5.2 of this By-law.
5.8
Where after a hearing, the Windsor Licensing Commission concludes that
any one of the grounds set out under section 5.2 exist, the Windsor
Licensing Commission may, instead of refusing, revoking, suspending a
Licence, grant a Licence or allow a Licence to continue upon such
conditions as the Windsor Licensing Commission may see fit to impose, for
the purpose of ensuring the proper and lawful carrying on of the business,
or such other conditions, as are authorized by law.
5.9
No revocation or suspension of a Licence under this By-law shall be final,
except after a hearing by the Windsor Licensing Commission, or after the
Licensee has been given the opportunity for such a hearing, in accordance
with the law.
5.10 The Licence Commissioner may suspend a Licence where there are
reasonable grounds to believe that such is required to prevent a breach of
the By-law, or for any of the reasons that would form grounds for the
revocation of a Licence pursuant to section 5.2.
5.11 A suspension under section 5.2 shall take effect upon service of written
notice thereof to the Licensee, or upon the delivery of written notice to the
business premises of the Licensee at the address shown on the City's
records.
5.12 A suspension under section 5.2 shall remain in effect for no more than
fourteen (14) days from the date of service of the notice under section 5.11.
10
5.13 Following suspension of a Licence under section 5.2, the Licence
Commissioner shall prepare a written report to the Windsor Licensing
Commission, advising of the suspension and:
(a)
Recommend that the Windsor Licensing Commission hold a hearing
to determine whether the suspension should continue, or be
terminated, and whether the Windsor Licensing Commission should
give consideration to whether or not the Licence should be revoked
or otherwise dealt with pursuant to the By-law; or
(b)
Recommend reinstatement of the Licence on the basis that the
conditions leading to the suspension have been remedied; or
(c)
Recommend that no action be taken upon the termination of the
suspension.
5.14 At any time before the Licence Commissioner shall issue or renew a
Licence, or recommend to the Windsor Licensing Commission that it refuse
to issue or refuse to renew a Licence, the Licence Commissioner may as
they see fit, or shall at the request of the Applicant, refer the application for
issuance or renewal of the Licence to the Windsor Licensing Commission.
POWERS AND DUTIES OF THE WINDSOR LICENSING COMMISSION
5.15 Where there is a referral to the Windsor Licensing Commission pursuant to
this section, the Windsor Licensing Commission shall hold a hearing for the
purpose of:
(a)
issuing or renewing the Licence;
(b)
refusing to issue or renew the Licence;
(c)
suspending the Licence;
(d)
revoking the Licence; or,
(e)
issuing or renewing the Licence with the imposition of conditions.
5.16 Where the Licence Commissioner intends to recommend to the Windsor
Licensing Commission that it refuse to issue, refuse to renew, place
conditions on, revoke or suspend a Licence, the Licence Commissioner
shall give notice of the intended recommendation and the reasons for the
intended recommendation to the Applicant or Licensee as well as to such
other persons, civic departments, boards, commissions, authorities and
agencies having an interest in the recommendation. Under this section,
notice to the Applicant or Licensee shall be written notice served personally
or sent by ordinary, prepaid mail addressed to the address shown on the
application or Licence. The notice of the hearing shall:
(a)
contain a reason or reasons for the proposed refusal, suspension,
revocation or imposition of conditions;
(b)
specify the time, place and purpose of the hearing of the Windsor
Licensing Commission at which the proposed refusal, suspension or
revocation will be considered;
(c)
inform the affected Applicant or the affected holder of the Licence
that they are entitled to attend the hearing and make submissions
regarding the proposal and that, in their absence, the Windsor
Licensing Commission may proceed to consider the proposal and
11
the Applicant or affected holder of the Licence will not be entitled to
any further notice in the proceeding;
(d)
afford the affected Applicant or the affected holder of the Licence a
reasonable opportunity, before the hearing, to show or achieve
compliance with all lawful requirements for the retention of the
Licence; and
(e)
be given at least seven (7) days notice prior to the date of the
Windsor Licensing Commission hearing.
5.17 At a hearing, the Windsor Licensing Commission:
(a)
shall afford the affected Applicant or the holder of the Licence an
opportunity to make submissions in respect of the matter that is the
subject of the Commission's proceedings;
(b)
shall afford any person, civic department, board, commission,
authority or agency given notice under section 5.16 of this by-law and
in attendance at the hearing, or any other person in the discretion of
the Commission, an opportunity to make submissions in respect of
the matter that is the subject of the Commission's proceedings;
(c)
the hearing shall be open to the public but the Commission may close
a portion of the hearing for the purposes of receiving confidential
legal information pertaining to the affected Applicant or Licensee;
(d)
the hearing shall be open to the public but the Commission may close
all or a portion of the hearing to the public if the Commission is of the
opinion that intimate financial or personal matters may be disclosed
of such a nature, having regards to the circumstances, that the
desirability of avoiding disclosure thereof in the interests of any
person affected or in the public interest, outweighs the desirability of
adhering to the principle that the hearing be open to the public;
(e)
shall give due consideration to the submissions made to it;
(f)
shall take such action to refuse, suspend revoke or impose
conditions on the application or Licence, or not to refuse, suspend
revoke or impose conditions on the application or Licence, as the
Windsor
Licensing
Commission
considers
proper
in
the
circumstances; and
(g)
shall give notice of its decision to the Licence Commissioner, to the
Applicant or to the Licensee, and to any person, civic department,
board, commission, authority or agency in attendance at the hearing,
together with the reasons for its decision.
5.18 At the hearing, the Windsor Licensing Commission may suspend, revoke,
and refuse to issue or impose conditions on any Licence under this By-law:
(a)
for any reason that would disentitle any Licensee to a Licence;
(b)
where the Licensee or Applicant is in breach of a condition of the
Licence;
(c)
where the Licensee or Applicant is in breach of any of the provisions
of this By-law;
(d)
if there are reasonable grounds to believe any of the statements
made on the application for issuance or renewal are false;
12
(e)
if, subsequent to the issuance of the Licence, a report is filed by any
body which originally provided its approval that indicates that the
Licensee is no longer in compliance with this By-law;
(f)
upon such grounds as are set out in this By-law;
(g)
if the Applicant has outstanding fees or fines owing to the City, or if
the Applicant has not paid the required application fee;
(h)
if the conduct or character of the Applicant or Licensee affords
reasonable grounds to believe that the Applicant or Licensee will not
carry on or engage in the business in accordance with the law or with
honesty and integrity;
(i)
if the geographic location of the business does not meet land use
requirements or does not comply with this By-law;
(j)
if, in the case of a corporate Applicant or Licensee, the conduct of its
officers, directors, employees or agents affords reasonable cause to
believe that the business will not be carried on in accordance with
the law or with honesty and integrity;
(k)
if issuing the Licence is not in the public interest;
(l)
if a Licensee's or Applicant's insurance, as approved by the Licence
Commissioner, has expired and they continue to carry on business
for which the Licence was issued; or
(m)
if a Licensee or Applicant fails to comply with a request to inspect or
hinders an inspection in any way.
5.19 A decision of the Windsor Licensing Commission refusing, suspending,
revoking or imposing conditions on an application or Licence takes effect
upon the rendering of such decision by the Windsor Licensing Commission.
No Licensee shall operate or carry on the activity for which the Licence was
issued while his Licence is under suspension.
5.20 The Windsor Licensing Commission shall give its decision to the Licence
Commissioner within seven (7) days of the hearing.
5.21 The Licence Commissioner shall forthwith notify the Applicant in writing of
such decision by serving a copy personally or sent by ordinary, prepaid mail
addressed to the last known address for the person appearing on the
records of the City.
5.22 The proceedings of the Windsor Licensing Commission shall, at the request
of the Applicant and upon payment of a fee determined by the Licence
Commissioner, be transcribed in writing and a copy of the transcript shall
be made available to the Applicant on payment of such additional fees as
may be determined by the Licence Commissioner.
5.23 Upon receipt of a notice of the decision of the Windsor Licensing
Commission suspending or revoking a Licence, the Licensee shall, within
twenty-four (24) hours of service of notice by certified mail or immediately if
the notice is personally served, return the Licence to the Licence
Commissioner and the Licence Commissioner shall have access to any
premises, or other property of the Licensee for the purpose of receiving or
taking the same. All Licences not returned within twenty-four (24) hours of
service of notice will automatically be deemed invalid.
13
5.24 No person shall refuse to deliver a suspended or revoked Licence to the
Licence Commissioner or designate or shall in any way prevent or hinder
the Licence Commissioner or designate from receiving or taking the same.
5.25 Where a Licence is revoked, the Licensee is entitled to a refund of that part
of the Licence fee proportionate to the unexpired part of the term for which
it was granted, such refund to be prorated on a monthly basis.
5.26 Where the Windsor Licensing Commission renders a decision granting the
Applicant the Licence applied for, the Licence shall be issued upon the
applicant complying with the terms of this By-law and the conditions
imposed on the Licence, if any, and the Applicant shall complete the
application within fourteen (14) days of the decision of the Windsor
Licensing Commission.
5.27 Decisions made by the Windsor Licensing Commission are final.
6
Licensing Requirements
APPLYING TO OBTAIN OR RENEW A LICENCE
6.1
Any person seeking to obtain or renew a Rental Housing Unit Licence shall:
(a)
Be at least eighteen (18) years of age;
(b)
Complete an application in the form prescribed by the Licence
Commissioner, including setting out such information and attaching
such additional documentation as may be required by the Licence
Commissioner which includes the information and documentation
outlined in Schedule 2;
(c)
Submit their completed application to the Licence Commissioner;
and,
(d)
Pay the applicable fee pursuant to Schedule 1.
6.2
A separate Licence shall be required for each Rental Housing Unit.
6.3
An application shall only be made in person by the Applicant, who at the
time of application shall present two (2) forms of government issued
identification, one being photo and the other demonstrating proof of status
in Canada, to the satisfaction of the Licence Commissioner.
6.4
Despite section 6.3, an Authorized Agent of the Applicant may make the
application if they have written authorization to do so from at least one (1)
of the Applicants along with two (2) forms of government issued
identification, one being photo and the other demonstrating proof of status
in Canada, to the satisfaction of the Licence Commissioner.
6.5
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.
6.6
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.
14
6.7
Despite section 6.6, 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 Part 5 of this
By-law.
6.8
Every Licence issued under this By-law shall expire on May 31 of the year
following issuance unless revoked or otherwise terminated under this By-
law prior to that date. When a renewal deadline expires on a Saturday,
Sunday or holiday, the act or proceeding may be done or taken on the next
following that is a business day.
6.9
A Licence may be obtained for one-half the applicable fee as established in
Schedule 1 of this By-law if the Licence is obtained on or after February 1
of the same year.
6.10 A Licence not renewed by the deadline day shall be deemed to have lapsed
at 12:01 a.m. the following day and the person whose name the original
Licence was issued under shall not operate a Rental Housing Unit.
6.11 Despite section 6.10, a Licence that has not lapsed by more than 356 days
from the date of the renewal deadline may still be renewed and the
Applicant shall be liable to pay the licence fee established by this By-law
together with the penalty of 50% over the base fee.
6.12 A Licence that has lapsed more than 365 days from the date of the renewal
deadline shall be deemed cancelled and no longer eligible for renewal.
6.13 A Licensee who operates with a Licence that has been cancelled under
section 6.12 may not apply for a new Licence unless the outstanding
renewal fee and late renewal fee has been paid.
CHANGES IN INFORMATION
6.14 Every Applicant or Licensee shall notify the Licence Commissioner in writing
within seven (7) days of any change in any information contained in the
application for a Licence or renewal thereof.
6.15 Where the changes in section 6.14 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.
6.16 Notwithstanding section 6.15, where there is a change in any of the
registered owners of a Rental Housing Unit, a new Licence shall be
obtained by all the parties operating or proposing to operate a Rental
Housing Unit.
6.17 Where there is a change to a Rental Housing Unit as a result of a renovation
or other similar work, the Owner shall notify the Licence Commissioner, as
per section 6.14, and the Licence Commissioner may require such Owner
to apply for a new Licence if such renovations or similar work are deemed
to be significant.
6.18 Where an Owner intends to operate a Rental Housing Unit at a location
different than the dwelling unit identified in their application, the existing
Licence shall be cancelled and a new Licence shall be obtained before the
intended Rental Housing Unit may operate.
15
7
Regulatory Requirements
REQUIREMENTS FOR OWNERS
7.1
No Owner shall allow any person to operate their Rental Housing Unit
unless such person has been registered with the City as per Schedule 2
and section 7.4 of this by-law.
7.2
Every Owner of a Rental Housing Unit shall operate their Rental Housing
Unit in accordance with the conditions of its Licence.
7.3
Every Owner shall post the Licence supplied by the City at the time of
issuance or renewal, along with any additional documents or materials
prescribed in Schedule 2 as being required for display, in a conspicuous
place within 1 metre of the Rental Housing Unit's main entrance.
7.4
Every Owner shall ensure that the list of Authorized Agents and Operators
relating to a Rental Housing Unit is up-to-date and accurate in accordance
with Schedule 2 of this By-law.
7.5
Notwithstanding the requirements under Schedule 2 and section 7.2 of this
By-law, every Owner shall be fully responsible for any and all decisions and
actions governed by this By-law, including those taken by an Operator or
Authorized Agent, whether or not such individual has been identified as
such by the Owner and whether or not such individual was granted explicit
permission or authority to make such decisions or take such actions.
7.6
The Owner of a Rental Housing Unit may be charged and convicted of an
offence under this By-law for which an Operator or Authorized Agent is
subject to be charged and on conviction the Owner is liable to the penalty
prescribed for the offence.
REQUIREMENTS FOR OPERATORS
7.7
No Operator shall operate a Rental Housing Unit unless they are registered
with the City for that purpose by the Owner in accordance with Schedule 2
and section 7.4 of this By-law.
7.8
Every Operator registered in accordance with Schedule 2 and section 7.4
and who is an Individual Person shall be at least 18 years of age at the time
of registration.
7.9
Every Operator shall be required to identify themselves upon request by an
Officer or any other person authorized to administer or enforce this By-law.
8
Administrative Matters
NOTICE
8.1
Any 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 ordinary, 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. In the case of a
corporation, this shall include delivery personally or by ordinary, 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.
16
8.2
Where service is effected by ordinary, prepaid mail, it shall be deemed to
be made on the fifth (5th) day after the date of mailing, unless the person on
whom service is being made establishes to the satisfaction of the Licence
Commissioner that they did not, acting in good faith, through absence,
accident, illness, or other cause beyond their control, receive the notice or
Order until a later date.
MINOR NATURE OF POWERS DELEGATED
8.3
For the purposes of section 23.2(4) of the Municipal Act, it is the opinion of
Council that the powers delegated to the Licence Commissioner, the
Windsor Licensing Commission pursuant to this By-law are of a minor
nature.
9
Enforcement
POWERS OF AN OFFICER
9.1
The provisions of this By-law may be enforced by an Officer.
9.2
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.
9.3
Any information provided to the Officer under section 9.2 is presumed to be
correct and accurate and is admissible in any proceeding.
9.4
All persons who are required by an Officer to provide identification under
section 9.2 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 9.7of this By-law.
9.5
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.
9.6
Failure to comply with an Order under section 9.5 is an offence and every
person named in such Order shall be subject to penalties and remedies
prescribed under this By-law.
9.7
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.
POWERS OF ENTRY AND INSPECTION
9.8
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.
9.9
Officers are authorized, for the purposes of an inspection to determine and
enforce compliance with the By-law, to:
(a)
direct an Owner or Operator to provide a Tenant with notice in
accordance with the Residential Tenancies Act, 2006 to allow entry
into the unit to carry out an inspection;
(b)
enter, at any reasonable time, onto any property, other than an
occupied Dwelling Unit unless authorized by the occupier of such
17
Dwelling Unit or under the authority of a warrant issued by a court of
competent jurisdiction;
(c)
require any person to produce for inspection any substance,
equipment, documents, or other things relevant to the alleged
offence or inspection;
(d)
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
(e)
require information from any person concerning the alleged offence
or inspection.
10
Offences and Penalties
10.1 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.
(b)
Upon a second or subsequent conviction, a fine of not less than
$500.00 and not more than $10,000.00.
(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.
(d)
Upon a first conviction, where the person is a corporation, a fine not
less than $500.00 and not more than $100,000.00.
(e)
Upon a second or subsequent conviction, where the person is a
corporation, a fine of not less than $500.00 and not more than
$100,000.00.
(f)
Upon conviction for a multiple offence, for each offence included in
the multiple offence and where the person is a corporation, a fine of
not less than $500.00 and not more than $100,000.00.
COLLECTION OF UNPAID PENALTIES AND FINES
10.2 Pursuant to section 441 of the Municipal Act, if any part of a fine for a
contravention of this by-law remains unpaid after the fine becomes due and
payable under section 66 of the Provincial Offences Act, including any
extension of time for payment ordered under that section, the City Treasurer
or their designate may give the person against whom the fine was imposed
written notice specifying the amount of the fine payable and the final date
on which it is payable, which shall be not less than 21 days after the date of
the notice. The notice shall be sent by registered mail to be delivered to that
person at the person's residence or place or business.
10.3 If the fine referred to in section 10.2 remains unpaid after the final date on
which it is payable as specified in the notice, the fine shall be deemed
unpaid taxes for the purposes of section 351 of the Municipal Act.
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CONTINUATION, REPETITION PROHIBITED BY ORDER
10.4 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.
11
Severability
11.1 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.
12
Schedules
12.1 Schedules attached to and forming part of this by-law:
Schedule 1 - Licence Application and Renewal Fees
Schedule 2 - Required Supporting Documentation
13
Force and Effect
13.1 This by-law shall come into force and take effect on the day of the final
passing thereof.
DREW DILKENS, MAYOR
CITY CLERK
First Reading
- February 13, 2023
Second Reading - February 13, 2023
Third Reading
- February 13, 2023
19
Appendix "A" - Pilot Study Area
20
Schedule 1 - Licence Application and Renewal Fees
Initial Application
Renewal
Administration
111.80
111.80
Building Inspection
83.70
83.70
Zoning Letter
41.00
--
Fire Inspection
150.00
--
Enforcement
23.94
23.94
Office Expense Overhead
21.95
21.95
Corporate Support Overhead
33.15
33.15
Total
$466
$275
21
Schedule 2 - Required Supporting Documentation
REQUIREMENTS FOR ALL APPLICATIONS
13.2 Every application to obtain or renew a Residential Rental Licence shall
include:
(a)
The municipal address and legal description of the Rental Housing
Unit;
(b)
The number of bedrooms within the Rental Housing Unit;
(c)
The name and Contact Information of each Owner;
(d)
If an Owner is a partnership, the name and Contact Information of
each partner;
(e)
If an Owner is a corporation:
(i)
the address of its head office;
(ii)
the name and Contact Information of each director, officer
and shareholder who holds more than 30% of the issued
shares in the corporation; and
(iii)
a Corporate Profile report dated no more than thirty (30)
days from the date of application submission
(f)
Proof of ownership of the Rental Housing Unit, satisfactory to the
Licence Commissioner;
(g)
Proof of Insurance that:
(i)
Includes a limit of liability no less than $2,000,000 (two
million dollars) per occurrence for property damage and
bodily injury; and
(ii)
Identifies the proposed use of the premise is that of a rental
property
(iii)
(deleted by By-law 66-2023, dated May 29, 2023)
(h)
A completed police record check for every Owner and Applicant, if
different from the Owner, issued by an Ontario Police Service for
the jurisdiction in which each Applicant or Owner resides, not more
than thirty (30) days before the date of application submission,
including:
(i)
If the Owner or Applicant is a partnership, a completed
police records check for each partner; or,
(ii)
If the Owner or Applicant is a corporation, a completed
police records check for each director, officer or shareholder
who holds more than thirty percent (30%) of the issued
shares in a corporation;
(i)
If none of the Owners reside in the City of Windsor, or if the Owner
is a corporation, the name and Contact Information of a Local
Contact;
(j)
A list for registration by the City of all Authorized Agents at the time
of application, including their Contact Information;
22
(k)
A list for registration by the City of all Operators at the time of
application, including their Contact Information;
(l)
A sworn statement by each Applicant certifying the accuracy,
truthfulness, and completeness of the application; and,
(m)
Any other information required to be provided under this by-law or
as may be requested by the Commissioner.
REQUIREMENTS FOR LICENCE ISSUANCE (NEW LICENCES)
13.3 In addition to the requirements of 13.2, every application to issue (not
renew) a Residential Rental licence shall also include:
(a)
An inspection certificate from a certified Electrical Safety Authority
technician confirming the electrical system is in proper working
order, which results from an inspection that was conducted no more
than six (6) months prior to the date of application submission;
(b)
A completed Property Standards and Safety Checklist;
(c)
A signed written statement that:
(i)
The Rental Housing Unit is in compliance with the Building
Code Act, 1992 or any regulations made under it, including
the Building Code;
(ii)
The Rental Housing Unit is in compliance with the Fire
Protection and Prevention Act, 1997, or any regulations
made under it, including the Fire Code;
(iii)
The Rental Housing Unit is in compliance with the Electricity
Act, 1998, S.O. 1998, c.15, Sched. A, as amended, or any
regulations made under it, including the Electrical Safety
Code;
(iv)
The Rental Housing Unit is in compliance with all applicable
City By-laws;
(v)
The Owner and any person listed as an Authorized Agent or
Operator is aware of all relevant federal and provincial
legislation, including the Human Rights Code, R.S.O. 1990,
c. H. 19, as amended, as well as all relevant municipal by-
laws, and that they, and the Rental Housing Unit, will comply
with all of them; and
(vi)
The Applicant or Owner confirms the accuracy, truthfulness
and completeness of the information submitted.
REQUIREMENTS FOR LICENCE RENEWAL
13.4 The information or documentation referred to in section 13.3(a) shall only
be required for the issuance of a licence, not a renewal, except for every
fifth renewal (every 5 years), at which time the Licence Commissioner may
require the information or documentation to be produced.