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Amended By-Law 45-2026, Dated March 30, 2026
BY-LAW NUMBER 115-2022
BEING A BY-LAW RESPECTING THE LICENSING OF SHORT-TERM RENTAL
OWNERS AND TO REGULATE ALL RELATED ACTIVITY
Passed the 8th day of August, 2022.
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 10(2) of the Municipal Act provides that a lower-tier
municipality may pass by-laws respecting health, safety and well-being of
persons, business licensing and protection of persons and property, including
consumer protection;
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, 1O 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 of The Corporation of the City of Windsor deems
the licensing of Short-Term Rental 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 Windsor enacts
this by-law to licence Short-Term Rental Owners and to regulate all related
activity within the jurisdictional boundaries of the City of Windsor.
1
Applicability and Scope
1.1
This By-law applies to all:
(a)
Short-Term Rental Owners that Operate a Short-Term Rental within
the jurisdictional boundaries of the City of Windsor;
(b)
Persons acting as Short-Term Rental Operators within the
jurisdictional boundaries of the City of Windsor; and
(c)
Dwelling Units used as Short-Term Rentals within the jurisdictional
boundaries of the City of Windsor.
1.2
This By-law does not apply to:
(a)
hotels, motels or inns;
(b)
Bed-and-Breakfast or Guest House 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.
2
Definitions and Interpretation
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;
"Chief Building Official" means the Chief Building Official for the City or
his or her delegate;
"Chief of Police" means the Chief of Windsor Police Service, or his or
her 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;
"Collection" means charging, receiving, accounting for, and remitting to
the City the Municipal Accommodation Tax;
"Dwelling Unit" means a room or series of rooms of complementary use,
used by an Individual Person or Individual Persons living together under a
single tenancy, in which cooking, eating, living, sleeping and sanitary
facilities are provided;
"Fire Chief' means the Chief of Windsor Fire and Rescue Services, or his
or her delegate;
"Fire Code" means Ontario Regulation 213/07: Fire Code made under
the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 as amended;
"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 who has been issued and maintains a valid
Licence pursuant to the terms of this By-law;
"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;
"Medical Officer of Health" means the Medical Officer of Health for the
Municipality of Windsor, Ontario;
"Multiple Unit Dwelling" means a building or part of a building containing
three or more Dwelling Units;
"Municipal Accommodation Tax" or "MAT" means the tax imposed
under the City of Windsor's Municipal Accommodation Tax By-law, as may
be amended from time to time, 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 Building Code" means Ontario Regulation 332/12: Building
Code made under the Building Code Act, 1992, S.O. 1992, c.23 as
amended;
"Ontario Police Service" means a police service established in Ontario
under the Police Services Act, R.S.O. 1990, c. P.15, as amended, or its
successor legislation.
"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
payments in respect of a Short-Term Rental;
"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.
"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;
"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;
"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;
"Rental Period" means the span of consecutive days for which a Short-
Term Rental has been rented.
"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;
"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;
"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, that is used as a Short-Term Rental, but who is not the Short-
Term Rental Owner;
"Short-Term Rental Owner" means any Person who Operates a Short-
Term Rental and is either:
(a) a registered owner of the Property, or part thereof, that is
being Operated as a Short-Term Rental; or
(b) a tenant of the Property, or part thereof, that is being
Operated as a Short-Term Rental.
"Windsor Licensing Commission" means the Windsor Licensing
Commission;
3
Licensing Requirements for Short-Term Rental Owners
3.1
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.
3.2
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.
3.3
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 Section 3.13(a).
3.4
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 Section 3.13(a).
3.5
Applicants required, in accordance with the City's Municipal
Accommodation Tax 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.
3.6
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 Licence Commissioner in
accordance with Section 4.1 if they use a further Short-Term Rental
Brokerage not identified at the time of application.
3.7
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.
3.8
Despite Section 3.7, an Authorized Agent of the Applicant may make the
application if he or she has written authorization to do so from at least one
(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.
3.9
If the proposed Short-Term Rental is to be located in a Multiple Unit
Dwelling, the 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.
3.10 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.
3.11 The letter in Section 3.10 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.
3.12 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.
3.13 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 all Applicants;
(b)
proof of ownership or tenancy, satisfactory to the Licence
Commissioner;
(c)
the applicable, non-refundable licence fees, as set out in Schedule
1 of this by-law;
(d)
a Canadian government document that proves the Canadian
permanent residency of at least one (1) Applicant;
(e)
a Canadian or provincial government-issued photo identification of
all Applicants;
(f)
if applicable, a Canadian government document that proves the
Canadian permanent residency and a Canadian or provincial
government-issued photo identification of the Authorized Agent;
(g)
a complete Criminal Record Check for every Applicant, issued by or
on behalf of an Ontario Police Service for the jurisdiction in which
each Applicant resides, not more than thirty (30) days old, from the
date of application submission;
(h)
a document, that provides proof satisfactory to the Licence
Commissioner, 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;
G)
proof, satisfactory to the Licence Commissioner, that every Short-
Term Rental Owner in Section 3.13(h) and every Short-Term
Rental Operator in Section 3.13(i), who is an Individual Person, is
at least eighteen (18) years of age at the time of application
submission;
(k)
any other information required to be provided under this By-law or
as may be requested by the Licence Commissioner.
3.14 Where the Licence Commissioner 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 12 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 Licence Commissioner.
3.15 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.
3.16 Despite Sections 3.14 and 3.15, 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 5 and 6.
3.17 Every Licence issued under this By-law shall expire on November 30th 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 day next following that is a business day.
3.18 A Licence may be obtained for one-half the applicable fee as established
in Schedule 1 to this By-law if the Licence is obtained on or after August
1st of the same year.
3.19 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 Short-Term Rental.
3.20 Despite Section 3.19, a Licence that has not lapsed by more than 365
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.
3.21 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.
3.22 A Licensee who Operates with a Licence that has been cancelled under
Section 3.21 may not apply for a new Licence unless the outstanding
renewal fee, late renewal fee and Municipal Accommodation Tax, if any is
owed, has been paid.
4
Changes in Information
4.1
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.
4.2
Where the changes in Section 4.1 include a change in the legal entity of
the Licensee, the existing Licence shall be cancelled and a new Licence
shall be obtained by said legal entity, subject to all of the licensing
requirements of this By-law.
4.3
Notwithstanding Section 4.2, 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.
4.4
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 Licence Commissioner, as per Section 4.1 and the Licence
Commissioner may require such Short-Term Rental Owner to apply for a
new Licence if such renovations or similar work are deemed to be
significant.
4.5
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.
5
Powers and Duties of the Licence Commissioner
5.1
The Licence Commissioner:
(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 he or she deems 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 his or her 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 there are reasonable grounds for belief that the nature,
condition or use of the place 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;
(e)
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;
(f)
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;
(g)
Where a Licensee's or Applicant's insurance, as approved by the
Licence Commissioner, has expired and he or she continues to
carry on business for which the Licence was issued; or
(h)
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)
compliance with remittance of the Municipal Accommodation Tax;
(d)
financial impact to the City;
(e)
consistency with the terms and conditions of any agreement
between the Short-Term Rental Brokerage and the Short-Term
Rental Owner, if requested by the Licence Commissioner.
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 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;
(v)
robbery or extortion offences;
(vi)
break and enter offences; or -
(vii)
fraud or forgery offences.
5.5
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 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.
5.6
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.
5.7
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.
5.8
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.
5.9
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;
5.10 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;
5.11 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
5.10;
5.12 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.
6
Powers and Duties of the Windsor Licensing Commission
6.1
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 he or she sees fit, or shall at the request of the Applicant, refer the
application for issuance or renewal of the Licence to the Windsor
Licensing Commission.
6.2
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.
6.3
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 he is entitled to attend the hearing and make submissions
regarding the proposal and that, in his absence, the Windsor
Licensing Commission may proceed to consider the proposal, and
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.
6.4
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 6.3 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.
6.5
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;
(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;
U)
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;
(I)
if a licensee's or Applicant's insurance, as approved by the Licence
Commissioner, has expired and he or she continues 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.
6.6
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.
6.7
The Windsor Licensing Commission shall give its decision to the Licence
Commissioner within seven (7) days of the hearing.
6.8
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.
6.9
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.
6.10 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.
6.11 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.
6.12 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.
6.13 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.
6.14 No Person licensed under the provisions of this by-law shall fail to
maintain, on a continuous basis, the standards and requirements that
were necessary to obtain the original approval of the Licence application,
or have been imposed since the issuance of the Licence.
6.15 Decisions made by the Windsor Licensing Commission are final.
7
General Regulatory Requirements
7.1
No Person shall Operate a Short-Term Rental in contravention of the
City's Zoning By-law, as amended, or its successor by-law, or in
contravention of any other of the City's by-laws or any other applicable
law.
7.2
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 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.
8
Regulatory Requirements for Short-Term Rental Owners
8.1
Every Short-Term Rental Owner shall carry on their business in
accordance with the conditions of the Licence.
8.2
No Short-Term Rental Owner shall offer or accept multiple reservations
where the proposed accommodation Rental Periods of said reservations
overlap.
8.3
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.
8.4
No Short-Term Rental shall be Operated in any area where a residential
use is not permitted under the City's Zoning By-law, as amended, or its
successor by-law.
8.5
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 Sections 3.13(i), 3.130) and Section 8.6.
8.6
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 4.1.
8.7
Notwithstanding the requirements under Section 3.13 (i) and Section 8.6,
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.
8.8
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.
8.9
No Person shall Operate a Short-Term Rental within the jurisdictional
boundaries of the City without:
(a)
having registered with the City for purposes of collecting the
Municipal Accommodation Tax in accordance with the City's
Municipal Accommodation Tax By-law, as amended, or its
successor by-law; and
(b)
being current on all Municipal Accommodation Tax Collection
requirements to the City.
8.10 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 Licence Commissioner.
8.11 No Short-Term Rental Owner shall use or permit his or her Short-Term
Rental to be used for the carrying on of a party for which an entrance fee
is advertised or otherwise charged.
9
Regulatory Requirements for Short-Term Rental Operators
9.1
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 Section 3.13(i) and Section 8.6.
9.2
Every Short-Term Rental Operator registered in accordance with Section
3.13(i) and Section 8.6 and who is an Individual Person shall be at least
eighteen (18) years of age at the time of registration.
9.3
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.
10
Administrative Matters
10.1 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 and in the case of a corporation 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.
10.2 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 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.
10.3 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.
10.4 The Licence Commissioner, 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 By-law.
11
Enforcement
11.1 The provisions of this By-law may be enforced by an Officer.
11.2 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.
11.3 Any information provided to the Officer under Section 11.2 is presumed to
be correct and accurate and is admissible in any proceeding.
11.4 All Persons who are required by an Officer to provide identification under
Section 11.2 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 11.6 of this By-law.
11.5 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.
11.6 Failure to comply with an Order under Section 11.5 is an offence and
every Person named in such Order shall be subject to penalties and
remedies prescribed under this By-law.
11.7 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.
12
Powers of Entry and Inspection
12.1 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.
12.2 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.
13
Offences and Penalties
13.1 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.
13.2 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 Licence Commissioner to have attended multiplied by the amount
advertised or charged per person.
14
Collection of Unpaid Penalties and Fines
14.1 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.
15
Continuation, Repetition Prohibited by Order
15.1 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.
16
Evidentiary Requirements
16.1 A court or the Windsor Licensing Commission 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 the Windsor
Licensing Commission to make any such inference.
17
Severability
17.1 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.
18
Short Title
18.1 This by-law may be cited as the Short-Term Rental By-law.
19
Force and Effect
19.1 This By-law shall come into force on the 8th
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of 2022.
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QBEW D1LKENS, MAYOR
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CITY CLERK
First Reading
Second Reading-
Third Reading
-
August 8, 2022
August 8, 2022
August 8, 2022
(Amended By/L 45-2026, Dated Mar 30, 2026)
SCHEDULE 1
SHORT-TERM RENTAL LICENCE FEE
CATEGORY
INITIAL
APPLICATION
RENEWAL
APPLICATION*
Short-Term Rental
Owner
$336.00
$254.00
* Licences are due for renewal by November 30th annually.