Rental Housing Licensing Bylaw
This bylaw is a consolidated digital version of the official legal document. It is not an exact reproduction and is for information purposes only.
For any questions related to this bylaw contact 519-747-8785 or municipalenforcement@waterloo.ca
Bylaw number: 2011-047
Last passed by council: Bylaw 2023-056, June 12 2023
A bylaw to provide for the licensing, regulating and governing for the business of residential rental units in the City of Waterloo
- Definitions
- Prohibitions
- Licensing requirements
- Licence issuance
- Revocation or suspension of licence
- Appeal
- Notice
- Inspection
- Order to discontinue activity
- Work order
- Remedial action
- Enforcement
- Penalties
- Collection of unpaid fines
- Schedules
- Short title
- Severability
- Repeal/transition
- Coming into force
- Schedule 1 - class "A" license
- Schedule 2 - class "B" license
- Schedule 3 - class "C" license
- Schedule 4 - class "D" license
- Schedule 5 - class "E" license
- Schedule 6 - all license classes
- Schedule 7 - class "Z" license
Whereas pursuant to the provisions of part iv of the municipal act, 2001, s.o. 2001, c. 25, as amended, (the “municipal act”) the council of the corporation of the city of waterloo (“council”) may provide for a system of licences with respect to businesses;
and whereas section 436 of the municipal act authorizes a municipality to pass bylaws providing that the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not there is compliance with a bylaw, a direction or order, or a condition of a licence;
and whereas sections 390 to 400 of the municipal act authorize a municipality to pass bylaws imposing fees or charges for services or activities provided or done by them;
and whereas sections 23.2, 23.3 and 23.5 of the municipal act, 2001 authorizes a municipality to delegate its administrative and hearing powers in certain circumstances; and,
and whereas council deems such a system of licences for residential rental units appropriate to address health and safety, well being of persons, consumer protection and nuisance control.
Therefore the Municipal Council of the Corporation of the City of Waterloo enacts as follows:
1.0 Definitions
Definitions
“Administrative Penalty Bylaw” means the Administrative Penalty Bylaw of the City, as amended from time to time, or any successor thereof;
“Adult” means an individual who is eighteen (18) years of age or older;
“Apartment Building” means a residential building of three (3) or more stories and containing five (5) or more dwelling units, where each dwelling unit has access to an interior common corridor system with shared exit and entrance at grade. Excludes Maisonette Building and Stacked Townhouse Building;
“Applicant” means the Person applying for a Licence or renewal of Licence under this Bylaw;
“Application” means an application for a Licence under this Bylaw;
“Application Premises” means the premises the Applicant is seeking to Licence;
“Bed and Breakfast Establishment” means a single detached dwelling in which guest rooms are rented or hired out for the purposes of providing temporary overnight accommodation not exceeding 28 consecutive days for the travelling or vacationing public, but does not include a hotel, motel, group home, lodging house or restaurant;
“Bedroom” means a room or area in a Dwelling Unit used, designed, equipped, or intended for sleeping;
“Building” means:
a) a structure occupying an area greater than ten square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto;
b) a structure occupying an area of ten square metres or less that contains plumbing, including the plumbing appurtenant thereto; or,
c) structures designated in the Building Code.
“Building Code” means Ontario Regulation 350/06, as amended;
“Business” means any business wholly or partly carried on within the City even if the business is being carried on from a location outside the City and includes:
a) trades and occupations;
b) exhibitions, concerts, festivals and other organized public amusements held for profit or otherwise;
c) the sale or hire of goods or services on an intermittent or one-time basis and the activities of a transient trader; and,
d) the display of samples, patterns or specimens of goods for the purpose of sale or hire;
“Class A Rental Unit” means a Low-Rise Residential Rental Unit where the property owner does not reside and has five (5) Bedrooms or less;
“Class B Rental Unit” means an owner-occupied Low-Rise Residential Rental Unit, including an owner-occupied Short-Term Rental, and has five (5) tenant occupied Bedrooms or less;
“Class C Rental Unit” means a Low-Rise Residential Rental Unit operating as Lodging House, which is not licensed as a Class D Rental Unit;
“Class D Rental Unit” means a Low-Rise Residential Rental Unit that had a valid “Class D” or “Class Z” licence under Residential Rental Licensing Bylaw No. 2011-047 and are limited to properties already approved for this use;
“Class S Rental Unit” means an owner-occupied Rental Unit located within an Apartment Building and operated as a Short-Term Rental;
“Certificate of Insurance Form” means a form prescribed by the Director, which is required to be completed by an insurance provider, confirming that the subject Business holds the minimum insurance required by this Bylaw;
“Chief Building Official” means the Chief Building Official of the City or their designate;
“Chief Fire Official” means the Chief Fire Official of the City or their designate;
“City” means The Corporation of the City of Waterloo or the geographical area of the municipality, as the context requires;
“Criminal Record Check” means a criminal record check issued to the Person(s) carrying on the Business by a Canadian police service either directly or through a thirdparty service provider or a police service in whose jurisdiction the Owner resides;
“Declaration of Compliance” means a written statement, in the form prescribed by the Director and signed by the Applicant, confirming that the establishment is in compliance with the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, or any regulation made under it;
“Designated Provision” means any section of this bylaw designated in accordance with section 14.7;
“Director” means the Director of Municipal Enforcement Services, or their designate;
“Dwelling Unit” means a unit, whether in whole or in part, that:
a) consists of a self-contained set of rooms located in a Building;
b) is used, or is intended to be used, as a residence; and,
c) contains a Kitchen and bathroom facilities.
“Fees and Charges Bylaw” means a bylaw passed by Council pursuant to section 391 of the Municipal Act establishing the fees and charges for services or activities provided by or on behalf of the City, as amended or replaced from time to time;
“Fire Prevention Officer” means a member of the fire prevention division of the City primarily directed at fire prevention responsibilities and/or duties outlined in the Fire Protection and Prevention Act, 1997;
“Gross Floor Area” means the area of a floor, measured to the inside of all outside walls enclosing any floor or part of a floor that complies with all applicable law for the shelter, accommodation or enclosure of persons, above which is a clear height of at least two (2) metres for any floor below grade and above which is a clear height of at least one (1) metre for any floor above grade, excluding the area of any garage, porch, veranda, sun room or stairwell;
“Group Home” means a residence licensed or funded under a federal or provincial statute for the accommodation of three to 10 persons, exclusive of staff, living under supervision in a single housekeeping unit and who, by reason of their emotional, mental, social or physical condition or legal status, require a group living arrangement for their well being;
“Hearing Officer” means a Person designated by Council for the purpose of hearing appeals under this Bylaw;
“Highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle·, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof, which is under the jurisdiction of the City;
“Human Rights Code” means the Human Rights Code, R.S.O. 1990, c. H.19, as amended;
“Kitchen” means a space equipped with cooking facilities and at least one of the following: a sink with running water or a refrigerator;
“Licence” means a licence to engage in a Business issued under this Bylaw, and the term “licenced” shall have a corresponding meaning;
“Licenced Premises” means the premises referred to in a Licence;
“Licensee” means a Person who has been issued a Licence under this Bylaw;
“Lodging House” means a building or part thereof used for residential occupancy where an Owner offers Lodging Units to five (5) or more persons, with or without meals, in return for remuneration or the provision of a service, or for both. Excludes hotel, Bed & Breakfast Establishments, long-term care facility, assisted living facility, and Group Homes;
“Lodging Unit” means a living accommodation which does not include the exclusive use of a kitchen or a bathroom;
“Low-Rise Residential Rental Unit” means any Rental Unit which is not located within an Apartment Building;
“Maisonette Building” means a residential building containing four (4) or more dwelling units, where each dwelling unit has at least two separate means of egress. One of the means of egress shall lead to a common corridor, and the other means of egress shall lead directly outside from the dwelling unit to grade;
“MLEO” means a person appointed as a Municipal Law Enforcement Officer pursuant to section 86 of the Community Safety and Policing Act, 2019, S.O. 2019, c. 1, Sched. 1, as amended, and authorized to enforce the City’s bylaws;
“Municipal Enforcement Services” means the Municipal Enforcement Services of the City;
“Ontario Fire Code” means the Ontario Fire Code in force and effect under the Fire Protection and Prevention Act, 1997;
“Owner” includes a person who, alone or with others, owns premises containing a Rental Unit;
“Owner-Occupied” means occupied by persons holding at least thirty-three per cent (33%) of the title to the property as identified in the Ministry of Government and Consumer Services Parcel register;
“Operator” includes a proprietor or any other Person who, alone or with others, operates, manages, supervises, runs or controls a Business, and “operate” and “operation” has a corresponding meaning;
“Person” means an individual, firm, corporation, association or partnership;
"Post-Secondary Institution" means a college or university and includes the University of Waterloo, Wilfrid Laurier University, and Conestoga College;
“Rent” includes the amount of any consideration paid or required to be paid for the right to occupy a Dwelling Unit and for any services and facilities and any privilege, accommodation or thing provided in respect of the occupancy of the Rental Unit; and, for greater certainty, “Rent” includes the amount of any such consideration paid or required to be paid by (i) an Owner to another Owner, and (ii) by a shareholder of a corporate Owner to the corporate Owner or another Owner;
“Rental Unit” means a Dwelling Unit offered for Rent;
“Residential Rental Business” means the operation of a Rental Unit;
"Short-Term Rental" means all or part of a Dwelling Unit that is used to provide transient sleeping accommodations for a period of thirty (30) consecutive days or less, typically facilitated through a Short-Term Rental Platform, but does not include a hotel, inn or bed and breakfast. A Short-Term Rental must be Owner Occupied, and does not include rental arrangements exceeding thirty (30) consecutive days, provided such arrangements are not facilitated through a Short-Term Rental Platform and comply with all applicable requirements under the Residential Tenancies Act, 2006, S.O. 2006, c. 17;
"Short-Term Rental Platform" means any online service, website, mobile application, or other digital platform that facilitates the rental, advertisement, or listing of a Dwelling Unit or part thereof for the purpose of transient accommodation;
“Screening and Hearing Officer Bylaw” means Bylaw No. 2019-11, or its predecessor, passed by the City to provide for the appointment of Screening and Hearing Officers in the City;
“Secretary of Licensing Appeals” means a City employee who is assigned to the roll by the Director;
“Stacked Townhouse Building” means a residential building containing four (4) or more dwelling units which are horizontally and vertically separated in a split level or stacked manner, where each dwelling unit egresses directly outside to grade and no egress is provided from the dwelling unit to a common corridor;
“Tenant” means a person who pays rent or is required to pay Rent in return for a right to occupy a Rental Unit;
“Tenant and Landlord Rights and Obligations Information Package” means a document provided by the City that includes information on the rights and responsibilities of tenants and landlords under the Residential Tenancies Act, 2006, obligations under the City’s Bylaws and any other program as established by the City, available local resources to assist tenants, and any additional information the Director deems necessary to update from time to time;
“University” means the University of Waterloo or Wilfrid Laurier University; and,
“Zoning Bylaw” means all bylaws passed by Council pursuant to section 34 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, that restricts the use of land in the City, as amended;
2.0 Prohibitions
2.1 No Person shall:
a) carry on a Residential Rental Business, permit a Person to carry on a Residential Rental Business or hold themselves out as being licenced to carry on a Residential Rental Business:
a) without a Licence, as applicable;
b) at a location other than the Licenced Premises;
c) under any other name than the one identified on the Licence;
d) except in accordance with the regulations set out in this Bylaw; or,
e) without complying with any and all conditions or restrictions placed on the Licence;
b) advertise a Rental Unit without a Licence, as applicable;
c) advertise a Short-Term Rental without a Licence, as applicable;
d) transfer or assign a Licence to any other Person or to any other location other than the Licenced Premises;
e) obtain a Licence by providing mistaken, false or incorrect information;
or,
f) operate a Short-Term Rental from a non-owner-occupied Rental Unit.
2.2 Where a Person sells or transfers ownership of a Rental Unit to another Person, including the sale or transfer of shares in the corporation that owns the Rental Unit, the Licence issued for that Rental Unit shall be deemed void immediately upon transfer or sale, including any change of corporate control.
3.0 Licensing requirements
3.1 To apply for a Licence, an Applicant shall submit the following to the Director:
a) a complete Application in the form prescribed by the Director, which shall include:
i. the Owner’s name;
ii. the Owner’s residential mailing address;
iii. the address for the Rental Unit; and,
iv. the telephone number, and e-mail address for the Owner;
b) the applicable fees in accordance with the Fees and Charges Bylaw;
c) where the Owner is a corporation, Articles of Incorporation or a copy of a corporate profile entity report and a list of the names and addresses of the current directors and officers of the corporation;
d) where the Owner is a partnership, a list of the names and addresses of the partners and, if a registered partnership, a copy of the registered declaration of partnership, and any changes or corrections thereto;
e) where the Owner is an individual, a copy of a piece of government issued photo identification for each Owner listed on title;
f) any other documents as prescribed in the schedules.
3.2 To apply to renew a Licence, an Applicant shall submit shall submit the following to the Director:
a) a renewal application in the form prescribed by the Director;
b) the applicable fees in accordance with the Fees and Charges Bylaw;
and,
c) such documents as the Director may require including but not limited to the documents set out in section 3.1 above.
3.3 Every Licensee shall:
a) provide a copy of the Licence to the Tenant(s) of the Rental Unit;
b) provide a digital or physical copy of the City’s Tenant and Landlord Rights and Obligations Information Package to every Tenant at the time of first occupancy or upon request of a Tenant;
c) provide a digital or physical copy of the City’s Tenant and Landlord Rights and Obligations Information Package to a Tenant before terminating the tenancy or filing any application with the Landlord and Tenant Board;
d) produce the Licence for inspection;
e) notify the Director within seven (7) days of any change in their phone number, residential address, email address;
f) comply with the provisions of this Bylaw and all applicable laws, including, but not limited to, the Zoning Bylaw; and,
g) comply with the conditions and restrictions placed on the Licence.
4.0 Licence issuance
4.1. The Director shall receive and process all completed Applications for Licences and Licence renewals.
4.2. The Director shall issue a Licence or renew a Licence to any Person who meets the requirements of this Bylaw, except where:
a) the past conduct of the Owner affords the Director reasonable grounds to believe that the Applicant has not or will not carry on their Residential Rental Business in accordance with the applicable law or with integrity and honesty;
b) the Director reasonably believes that the carrying on of the Residential Rental Business may be adverse to the public interest;
c) the Application Premises is subject to an order, or orders, made pursuant to or by:
i. the City’s Property Standards Bylaw;
ii. the Building Code Act, 1992, S.O. 1992, c. 23, or any regulations made thereunder;
iii. the Fire Protection and Prevention Act, 1997, or any regulations made thereunder, including the Ontario Fire Code; or,
iv. the Medical Officer of Health;
d) the Application Premises is not in compliance with the Zoning Bylaw;
or,
e) the Owner is indebted to the City by way of fines, penalties, judgments, outstanding property taxes, or any other amounts owing.
4.3. The Director may deny the issuance or renewal of a Licence where the Owner has been convicted within the past five (5) years of:
i. a criminal offence for which a pardon has not been granted; or,
ii. a regulatory offence in any way related to the Residential Rental Business.
4.4. For the purposes of sections 4.2 and 4.3 above, the term “Applicant” shall include any director, officer, partner or principal of a partnership or corporation, or any shareholder of a corporation that holds at least fifty percent (50%) of the shares of that corporation.
4.5. The Director may, at any time, when issuing or renewing a licence to carry on a Residential Rental Business, impose such terms or conditions on the Licence as the Director considers appropriate
4.6. Should the Director impose terms or conditions on a Licence, the Director shall provide written reasons thereafter.
4.7. The Director shall generally perform all administrative functions conferred upon them by this Bylaw.
4.8. Licences issued pursuant to this Bylaw are conditional on compliance by the Licensee with all municipal bylaws and other applicable laws.
5.0 Revocation or suspension of licence
5.1 Unless renewed or revoked, a Licence issued or renewed under this Bylaw shall expire annually, except where provided otherwise in the schedules.
6.0 Appeal
6.1 The Director may revoke or suspend a Licence at any time where:
a) the Director is of the opinion that the Residential Rental Business carried on by the Licensee poses a threat to the health and safety of the public;
b) the Licensee has violated any of the provisions of this Bylaw or any other applicable laws;
c) the Licence was issued because false or misleading information was provided to the City;
d) a Licence was issued in error; or,
e) as otherwise authorized in accordance with this Bylaw.
6.2 The Director may revoke or suspend a Licence for a period of time and subject to such terms or conditions that the Director considers appropriate.
6.3 The Director, before revoking or suspending a Licence pursuant to section 6.1 of this bylaw, shall consider:
a) the impact of any such Licence revocation or suspension on any Tenant;
and,
b) 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 Tenant(s) to find new housing or to seek relief in Court or before the Ontario Landlord and Tenant Board, or any successor board.
6.4 The Director shall provide notice of intention to revoke or suspend a Licence and shall advise the Licensee of their right to appeal along with the final date for giving notice of appeal.
6.5 If the Director is satisfied that the carrying on of the Residential Rental Business poses an immediate danger to the health or safety of any Person or to any property, the Director may, for the time and on such conditions as they consider appropriate, without a hearing, suspend a Licence subject to the following:
a) before suspending the Licence, the Director shall provide the Licensee with the reasons for the suspension, either orally or in writing, and an opportunity to respond to them; and
b) the suspension shall not exceed fourteen (14) days.
7.0 Notice
7.1. Any Person who has been denied a Licence, or the renewal of a Licence, has had their Licence suspended or revoked or has had terms or conditions imposed on a Licence, may appeal the decision of the Director to a Hearing Officer as appointed under the Screening and Hearing Officer Bylaw.
7.2. Section 7.1 of this Bylaw does not apply to Licence suspensions under section 6.5 above.
7.3. The Director shall designate a Secretary for Licensing Appeals.
7.4. The Secretary of Licensing Appeals shall keep on file the records of all official business of the Hearing Officer hearing appeals under this section, including records of all Applications and minutes of all decisions respecting those Applications.
7.5. All appeals shall be submitted:
a) within twenty-one (21) days of the decision of the Director to deny issuing or renewing a licence or suspending or revoking a licence or imposing terms or conditions on a licence;
b) in writing to the Secretary of Licensing Appeals setting out, in detail, the grounds for the appeal; and,
c) along with the applicable fee, as outlined in the Fees and Charges Bylaw.
7.6. Where an appeal is not submitted within the time set out in subsection 7.5 (a), the decision of the Director shall be deemed to be confirmed, and no appeal shall be allowed.
7.7. Upon receipt of an appeal in accordance with section 7.5, the Secretary of Licensing Appeals shall endeavour to schedule a hearing within 45 working days of receipt of the request for an appeal hearing, or as soon thereafter as possible. Notice of the Hearing shall be issued a minimum of 21 days prior to the hearing date.
7.8. Subject to sections 6.5 and 7.2, a request of appeal under section 7.5 stays the decision of the Director to revoke or suspend a Licence until the Hearing Officer has issued its decision or the appeal has otherwise been revoked.
7.9. The Hearing Officer shall hear all appeals.
7.10. On an appeal, the Hearing Officer has all the powers and functions of the Director who made the decision, and the Hearing Officer may do any of the following things if, in the Hearing Officer’s opinion, doing so would maintain the general intent and purpose of the bylaw:
a) confirm, modify or rescind the decision of the Director to deny issuing or renewing a Licence or suspending or revoking a licence or to impose terms or conditions on a Licence.
8.0 Inspection
8.1. Any notice pursuant to this Bylaw may be given in writing in any of the following ways and is effective:
a) on the date on which a copy is delivered to the Person to whom it is addressed;
b) on the fifth day after a copy is sent by mail to the Person’s last known address;
c) upon the conclusion of the transmission of a copy by facsimile to the Person’s last known facsimile number; or
d) upon the sending of a copy by email transmission to the Person’s last known email address.
8.2. For the purpose of section 8.1 above, the Person’s last known address, last known facsimile number and last known email address shall be deemed to be those provided pursuant to Section 3.1 a) of this Bylaw.
9.0 Order to discontinue activity
9.1 The City may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with:
a) this Bylaw;
b) an order made by the City under this Bylaw;
c) a condition of a Licence issued under this Bylaw; or,
d) an order made under section 431 of the Municipal Act.
9.2 For the purposes of conducting an inspection pursuant to section 9.1 of this Bylaw, the City may:
a) require the production for inspection of documents or things relevant to the inspection;
b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;
c) require information from any Person concerning a matter related to the inspection; and,
d) alone or in conjunction with a Person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purpose of the inspection.
9.3 No Person exercising a power of entry on behalf of the City shall enter or remain in any room or place actually being used as a dwelling unless:
a) the consent of the occupier is obtained, the occupier first having been informed that the right of entry may be refused and, if refused, may only be made under the authority of an order issued under section 438 of the Municipal Act, a warrant issued under section 439 of the Municipal Act or a warrant issued under section 386.3 of the Municipal Act;
b) an order issued under section 438 of the Municipal Act is obtained;
c) a warrant issued under section 439 of the Municipal Act is obtained;
d) a warrant issued under section 386.3 of the Municipal Act is obtained;
e) the delay necessary to obtain an order under section 438 of the Municipal Act, to obtain a warrant under section 439 of the Municipal Act or to obtain the consent of the occupier would result in immediate danger to the health or safety of any Person; or,
f) the City has first given notice of its intention to enter the occupier of the land as required under subsection 435(2) of the Municipal Act and the entry is authorized under sections 79, 80 or 446 of the Municipal Act.
9.4 No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Person who is exercising a power or performing a duty under this Bylaw. For more certainty:
a) a refusal to consent to enter or remain in a room or place actually used as a dwelling does not constitute hindering or obstruction within the meaning of this section unless the City is acting under an authority set out in section 9.3 above.
10.0 Work order
10.1. Where the Director has reasonable grounds to believe that a contravention of this Bylaw has occurred, the Director may make an order requiring the Person who contravened this bylaw, or who has caused or permitted the contravention, or the Owner or occupier of the land on which the contravention occurred, to discontinue the contravening activity.
10.2. An order under section 10.1 of this Bylaw shall set out:
a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and,
b) the date by which there must be compliance with the order.
10.3. Any Person who contravenes an order under section 10.1 of this Bylaw is guilty of an offence.
11.0 Remedial action
11.1. Where the Director has reasonable grounds to believe that a contravention of this Bylaw has occurred, the Director may make an order requiring the Person who contravened this Bylaw, or who caused or permitted the contravention, or the Owner or occupier of the land on which the contravention occurred, to do work to correct the contravention.
11.2. An order under section 11.1 of this Bylaw shall set out:
a) reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred; and,
b) the work to be done and the date by which the work must be done.
11.3. An order under section 11.1 of this Bylaw may require work to be done even though the facts which constitute the contravention of this Bylaw were present before this Bylaw came into force.
11.4. Any Person who contravenes an order under section 11.1 of this Bylaw is guilty of an offence.
12.0 Enforcement
12.1. If a Person fails to do a matter or thing, including comply with an order under this Bylaw, as directed or required by this Bylaw, the City may, in default of it being done by the Person directed or required to do it, do the matter or thing at the Person’s expense. The City may recover the costs of doing a matter or thing from the Person directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as municipal taxes.
12.2. The costs outlined in 12.1 of this Bylaw shall include interest calculated at a rate of 15 percent, calculated for the period commencing on the day the City incurs the costs and ending on the day the costs, including interest, are paid in full.
12.3. The amount of costs, including interest, constitutes a lien on the land upon the registration in the proper land registry office of a notice of lien. The lien is in respect of all costs that are payable at the time the notice is registered plus interest accrued to the date the payment is made. Upon receiving payment, the City shall register a discharge of the lien in the proper land registry office.
13.0 Penalties
13.1 This bylaw may be enforced by the Director, MLEOs and Fire Prevention Officers.
13.2 Every person shall, upon request by a MLEO or a Fire Prevention Officer for the purpose of commencing a proceeding pursuant to this bylaw, provide identification, including full name and address, to the Officer;
13.3 No person shall provide false, misleading, incomplete or inaccurate identification to a MLEO or Fire Prevention Officer; and,
13.4 No person shall hinder or obstruct a MLEO or Fire Prevention Officer performing their duties under this bylaw.
14.0 Collection of unpaid fines
14.1. Every Person who contravenes any of the provisions of this Bylaw is guilty of an offence pursuant to section 429 of the Municipal Act and all contraventions of this Bylaw are designated continuing offences.
14.2. Every Person, excluding a corporation, who is convicted of an offence, is liable to a minimum fine of Three Hundred and Fifty Dollars ($350.00) and a maximum fine of Twenty-Five Thousand Dollars ($25,000.00) for the first offence and a maximum fine of Fifty Thousand Dollars ($50,000.00) for a subsequent offence.
14.3. Every corporation who is convicted of an offence is liable to a maximum fine of Fifty Thousand Dollars ($50,000.00) for the first offence and a maximum fine of One Hundred Thousand Dollars ($100,000.00) for a subsequent offence.
14.4. In addition to the fine amounts set out in sections 14.2 and 14.3 above, for each day or part of a day that an offence continues, the minimum fine shall be Three Hundred and Fifty dollars ($350.00) and the maximum fine shall be Ten Thousand Dollars ($10,000.00). The total of all daily fines for the offence is not limited to One Hundred Thousand Dollars ($100,000.00).
14.5. Pursuant to section 447 of the Municipal Act, where an Owner is convicted of knowingly carrying on or engaging in a trade, business or occupation on, in or in respect of any premises or any part of any premises without a Licence required by this Bylaw, the Court may order that the premises or part of the premises be closed to any use for a period not exceeding two (2) years.
14.6. Where a Person is convicted of a contravention of this Bylaw, other than a conviction described in section 14.5 above, and the Court determines that the Owner or tenant of the premises or part of the premises in respect of which the conviction was made knew or ought to have known of the conduct which formed the subject-matter of the conviction or of any pattern of similar conduct, the Court may order that the premises be closed to any use for a period not exceeding two (2) years.
14.7. Sections 2.1(a), 2.1(b), 2.1(c), 2.1(d), 3.3(a), 3.3(b) 3.3(c), 3.3(d), 3.3(e), 3.3(f), 3.3(g), 9.4, 10.3, 11.4, 13.2, 13.3, and 13.4 of this Bylaw, inclusive of all subsections thereunder, are hereby designated as parts of this bylaw to which the Administrative Penalty Bylaw applies.
14.8. Any person who contravenes any Designated Provision of this bylaw shall, upon issuance of a penalty notice in accordance with the Administrative Penalty Bylaw, be liable to pay an administrative penalty and any administrative fees.
15.0 Schedules
15.1 The following types of accommodations do not require a licence under this bylaw:
a) Rental Units owned, operated, or managed by a Post-Secondary Institution, where the accommodations are located on-campus and provided to students, staff, or faculty as part of the institution’s housing;
b) Rental Units operated by the Region of Waterloo or City of Waterloo;
c) a Bed and Breakfast Establishment that is licensed under the City’s Business Licensing Bylaw 2023-105, as amended, or successor bylaws;
d) a Rental 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, or any successor legislation;
ii. the Innkeepers Act, R.S.O. 1990, c. 17, as amended, or any successor legislation;
iii. the Fixing Long-Term Care Act, 2021, S.O. 2021, c. 39, sch 1., as amended, or any successor legislation;
iv. the Retirement Homes Act, 2010, S.O. 2010, c. 11, as amended, or any successor legislation; and,
v. the Housing Services Act, 2011, S.O. 2011, c. 6, Sch 1.
e) social housing or affordable housing that is not subject to Housing Services Act, 2011, S.O. 2011 c.6, Sch 1, as amended, but which is subject to an agreement with the Regional Municipality of Waterloo and which has been approved for exemption by the Director;
f) a Group Home; and,
g) A Rental Unit located in an Apartment Building, unless that Rental Unit is operated as a Short-Term Rental.
15.2 These exemptions only apply to licensing under this Bylaw. All properties must still comply with other City bylaws and applicable laws, including property standards, zoning, fire safety, and maintenance requirements.
16.0 Short title
16.1 Pursuant to section 441 of the Municipal Act, if any part of a fine for a contravention of this Bylaw 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 Director may give the Person against whom the fine was imposed a written notice specifying the amount of the fine payable and the final date on which it is payable, which shall be not less than twenty one (21) days after the date of the notice.
16.2 If the fine remains unpaid after the final date specified in the notice, the fine shall be deemed to be unpaid taxes for the purpose of section 351 of the Municipal Act.
17.0 Severability
17.1 The schedules which are attached to this Bylaw shall form part of this Bylaw.
18.0 Repeal/transition
18.1 This Bylaw shall be known as the “Comprehensive Residential Rental Licensing Bylaw”.
19.0 Coming into force
19.1 If a Court of competent jurisdiction should declare any section or part of a section of this Bylaw to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of this Bylaw and it is hereby declared that the remainder of this Bylaw shall be valid and shall remain in full force and effect.
20.0 Schedule 1 - class "A" license
20.1 The following bylaws, as may have been amended, are repealed on the day this Bylaw comes into force and effect:
a) Bylaw No. 2011-047 Residential Rental Licensing Bylaw;
20.2 Reference to the repealed bylaw numbers in any documentation shall be deemed to be reference to this Bylaw.
20.3 Notwithstanding section 20.1 above, the provisions of these bylaws, as amended, shall be deemed to continue in force and effect with respect to any and all order, appeals or prosecutions issued, filed or commenced under these bylaws, and any assessment, rate, charge, tax, fee, liability or penalty outstanding under these bylaw may be collected as if this bylaw had not been repealed.
20.4 A Licence issued under any bylaw listed in sections 20.1 or 20.2 above, as amended, shall be deemed a Licence under this Bylaw and shall be subject to all provisions of this Bylaw, but shall expire on the earlier of the following dates:
a) the date stated on the Licence; or,
b) December 31, 2026.
Schedule 2 - class "B" license
21.1 This Bylaw shall come into force and effect on July 1, 2026.
Schedule 1 - Insurance requirements
1. This Schedule shall apply to those Persons seeking to carry on a Residential Rental Business.
Indemnification
2. Upon submitting an Application, the Owner shall execute the following indemnity to the satisfaction of the City:
The Licensee both during and after the term of the Licence or renewed Licence, shall at all times, and at its own cost, expense and risk, defend, indemnify and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and all respective heirs, administrators, executors, successors and assigns from any and all losses, damages (including, but not limited to, incidental, indirect, special and consequential damages, or any loss of use, revenue or profit by any Person, organization or entity), fines, penalties and surcharges, liabilities (including, but not limited to, any and all liability for damage to property and injury to Persons, including death), judgments, claims, demands, causes of action, contracts, suits, actions or other proceedings of any kind (including, but not limited to, proceedings of a criminal, administrative or quasi criminal nature) and expenses (including, but not limited to, legal fees on a substantial indemnity basis), which the indemnified Person or Persons may suffer or incur, howsoever caused, provided such losses, damages, fines, penalties and surcharges, liabilities, judgments, claims, demands, causes of action, contracts, suits, actions or other proceedings of any kind and expenses as defined above are due or claimed to be due to the negligence, breach of contract, and or breach of law of the Licensee.
General Liability Insurance
3. The Licensee shall maintain liability insurance acceptable to the Director throughout the term of their Licence.
4. The liability insurance shall consist of a comprehensive policy of public liability and property damage insurance in an amount of not less than $2,000,000.00 per occurrence.
5. The liability insurance shall name the City as additional insured with a cross-liability endorsement and severability of interests provision.
General Provisions
6. The Applicant shall submit a Certificate of Insurance Form upon initial application.
7. In the event of a claim, any deductible or self-insured retention under the insurance shall be the sole responsibility of the Licensee and that the coverage shall preclude subrogation claims against the City and any other Person insured under the policy and be primary insurance in response to claims. Any insurance or self-insurance maintained by the City and any other Person insured under the policy shall be considered excess of the Licensee's insurance and shall not contribute with it. The minimum amount of insurance required herein shall not modify, waive or otherwise alter the Licensee’s obligation to fully indemnify the City.
Schedule 2 - Criminal record check requirements
1. This Schedule shall apply to Owners who reside in the Rental Unit that they are seeking a licence to operate.
2. The Criminal Record Check accepted by the Director shall meet the following requirements:
a) must be an original copy;
b) if the Person(s) carrying on the Business is a sole proprietor, a completed Criminal Record Check must be obtained for the Person who owns the Rental Unit;
c) if the Person(s) carrying on the Business is a partnership, a completed Criminal Record Check must be obtained for each partner who resides in the Rental Unit;
d) if the Person carrying on the Business is a corporation, a completed Criminal Record Check must be obtained for each director and officer of the corporation and for any shareholder who holds more than 50% of the issued shares in the corporation who resides in the rental unit; and,
3. The Criminal Record Check shall be completed by a Canadian Police Service.
Schedule 3 - Low-rise residential rental unit application requirements
1. This schedule shall apply to those Persons carrying on a Low-Rise Residential Rental Unit, but shall not apply to Class S Licences.
2. An Application for a new Licence shall include:
a. the municipal address of the property on which the Rental Unit is situated;
b. the Applicant’s name and contact information, including their address, telephone number, and e-mail address;
c. the Owner’s name and contact information, including their mailing address, telephone number, and e-mail address, if different from the applicant’s;
d. if the Owner is a partnership, the name and contact information of each partner including their mailing address, telephone number, and e-mail address;
e. if the Owner is a corporation:
i. the name and contact information of each director, officer and shareholder who holds more than 30% of the issued shares in the corporation, including their mailing address, telephone number, and email address.
f. a copy of the transfer deed providing proof of ownership of the property on which the Rental Unit is situated;
g. a parking plan for the property on which the Rental Unit is situated that complies with the relevant Zoning Bylaw and which outlines where all of the parking spaces shall be located and the dimensions of those parking spaces;
h. a floor plan of the Rental Unit, including identifying:
i. all rooms, spaces or common areas;
ii. how each room, space or common area shall be used, which means specifically indicating where all Bedrooms will be located on the floor plan; and,
iii. the dimensions (in square meters) of all rooms, spaces or common areas.
i. a property maintenance plan which shall:
i. specify measures to be undertaken to ensure existing and continued compliance with all relevant City bylaws, including this bylaw, the City’s Property Standards, Lot Maintenance and Snow and Ice Bylaws;
ii. identify the storage location of refuse and recycling containers;
j. a completed Criminal Records Check for any Owner who resides in the Rental Unit being applied for, including:
i. if the Owner is a partnership, a completed Criminal Record Check for each partner residing in the Rental Unit; or,
ii. if the Owner is a corporation, a completed Criminal Record Check for each director, officer or shareholder who resides in the Rental Unit.
k. a Gas or Oil Fuelled Appliance Form completed twelve (12) months preceding the submission of the application;
l. an Electrical Safety Inspection Form completed twelve (12) months preceding the submission of the application;
m. a declaration stating that:
i. the applicant or Owner will comply with the maintenance plan;
ii. the applicant or Owner will comply with the parking plan;
iii. the Rental Unit is in compliance with the Building Code Act, 1992 or any regulations made under it, including the Building Code;
iv. the Rental Unit is in compliance with the “Fire Protection and Prevention Act, 1997, or any regulations made under it, including the Fire Code;
v. the Rental Unit is in compliance with the Electricity Act, 1998, S.O. 1998, c. 15, Sched. A, as amended (the “Electricity Act, 1998”) or any regulations made under it, including the Electrical Safety Code;
vi. the applicant and Owner are aware of all relevant federal and provincial legislation, including the Ontario Human Rights Code, as well as all relevant municipal bylaws, and that they, and the Rental Unit, will comply with all of them; and
vii. a statement regarding lawful evictions under the Residential Tenancies Act and tenant rights including the tenant’s right of first refusal.
viii. the applicant and Owner confirms the accuracy, truthfulness and completeness of the information submitted.
n. a completed Certificate of Insurance Form
3. An Application for the renewal of a Licence shall include:
a. a declaration stating that:
i. property ownership and contact information has not changed since the initial application was submitted;
ii. the floor plans submitted with the initial application have not changed;
iii. the applicant or Owner will comply with the maintenance plan;
iv. the applicant or Owner will comply with the parking plan;
v. the Rental Unit is in compliance with the Building Code Act, 1992 or any regulations made under it, including the Building Code;
vi. the Rental Unit is in compliance with the “Fire Protection and Prevention Act, 1997, or any regulations made under it, including the Fire Code;
vii. the Rental Unit is in compliance with the Electricity Act, 1998, S.O. 1998, c. 15, Sched. A, as amended (the “Electricity Act, 1998”) or any regulations made under it, including the Electrical Safety Code;
viii. the applicant and Owner are aware of all relevant federal and provincial legislation, including the Ontario Human Rights Code, as well as all relevant municipal bylaws, and that they, and the Rental Unit, will comply with all of them; and
ix. the applicant and Owner confirms the accuracy, truthfulness and completeness of the information submitted.
4. An Application for the renewal of a Licence on every second year shall include:
a. a Gas or Oil Fuelled Appliance Form completed twelve (12) months preceding the submission of the application;
5. An Application for the renewal of a Licence on every fifth year shall include:
a. an Electrical Safety Inspection Form completed twelve (12) months preceding the submission of the application;
Schedule 4 - Class "A" rental unit, standard rental unit
1. This schedule shall apply to those Persons operating a Class A Rental Unit in a Low-Rise Residential Rental.
2. In addition to the requirements set out in this bylaw, Class A Rental Units shall comply with the following provisions:
a. The minimum floor area of a Bedroom:
i. with three occupants, shall be fourteen (14) square metres; and,
ii. with four or more Adult occupants, shall be seven (7) square metres per Adult occupant.
b. The Owner shall not occupy any portion of the Rental Unit;
c. The number of Bedrooms shall not exceed five (5);
d. No more than fifty per cent (50%) of the Rental Unit’s Gross Floor Area shall be comprised of Bedrooms;
e. No room within the Rental Unit may be used as a Bedroom, except where a Bedroom has been depicted on the licence application, which was submitted to the City, and;
f. The Rental Unit shall not be operated as a Short-Term Rental.
3. Notwithstanding section 2(d) of this Schedule, if, on the date this bylaw comes into force and effect, or within three (3) months thereafter, a Rental Unit:
a. has Bedrooms which comprise more than fifty per cent (50%) of the Rental Unit’s Gross Floor Area; and,
b. is in compliance with all applicable federal or provincial legislation and regulations as well as all City bylaws;
then the Rental Unit may continue to have Bedrooms which comprise more than fifty per cent (50%) of the Rental Unit’s Gross Floor Area, so long as section 4 of this Schedule is complied with.
4. To obtain an exemption under sections 2 or 3 of this Schedule, the Owner shall, within three (3) months of this bylaw coming into force and effect:
a. apply for and obtain a licence for a Class A Rental Unit and include in the licence application an exemption application in the form prescribed by the Director; and,
b. pay the applicable fee pursuant to the City’s Fees and Charges Bylaw.
5. Section 3 of this Schedule shall expire and be of no force or effect after January 1, 2027.
6. An exemption under section 3 of this Schedule shall be immediately rendered null and void and cease to be of any force or effect if:
a. the “Class A” licence expires; or,
b. the percentage of the Rental Unit’s Gross Floor Area comprised of Bedrooms increases following the date this bylaw comes into force and effect.
7. All Class A Rental Units shall comply with all federal or provincial legislation or regulations, including the Ontario Human Rights Code, as well as all municipal bylaws, including any applicable Zoning Bylaws.
Schedule 5 - class "B" rental unit, owner-occupied rental unit
1. This schedule shall apply to those Persons operating a Class B Rental Unit in a Low-Rise Residential Rental.
2. In addition to the requirements set out in this bylaw, Class B Rental Units shall comply with the following provisions:
a. The minimum floor area of a Bedroom:
i. with three Adult occupants, shall be fourteen (14) square metres; and,
ii. with four or more Adult occupants, shall be seven (7) square metres per Adult occupant.
b. The number of Bedrooms for Rent shall not exceed five (5);
c. No more than fifty per cent (50%) of the Rental Unit’s Gross Floor Area shall be comprised of Bedrooms, and;
d. No room within the Rental Unit may be used as a Bedroom, except where a Bedroom has been depicted on the licence application, which was submitted to the City.
3. Notwithstanding section 1(c) of this Schedule, if, on the date this bylaw comes into force and effect, or within three (3) months thereafter, a Rental Unit:
a. has Bedrooms which comprise more than fifty per cent (50%) of the Rental Unit’s Gross Floor Area;
b. is in compliance with all applicable federal or provincial legislation and regulations as well as all City bylaws, and;
the Rental Unit may continue to have Bedrooms which comprise more than fifty per cent (50%) of the Rental Unit’s Gross Floor Area, so long as section 4 of this Schedule is complied with.
4. To obtain an exemption under sections 3 of this Schedule, the Owner shall, within three (3) months of this bylaw coming into force and effect:
a. apply for and obtain a licence for a Class B Rental Unit and include in the licence application an exemption application in the form prescribed by the Director; and,
b. pay the applicable fee pursuant to the City’s Fees and Charges Bylaw.
5. Section 3 of this Schedule shall expire and be of no force or effect after January 1, 2027.
6. An exemption under section 3 of this Schedule shall be immediately rendered null and void and cease to be of any force or effect if:
a. the Class “B” licence expires; or,
b. the percentage of the Rental Unit’s Gross Floor Area comprised of Bedrooms increases following the date this bylaw comes into force and effect.
7. All Class B Rental Units shall comply with all federal or provincial legislation or regulations, including the Ontario Human Rights Code, as well as all municipal bylaws, including any applicable Zoning Bylaws.
8. All Short-Term Rentals located within a Low-Rise Residential Rental Unit require a Class B Rental Unit licence. Class B Rental Unit licence holders operating a Short-Term Rental may only rent to any one (1) person for a maximum of thirty (30) consecutive days.
Schedule 6 - class "C" rental unit, lodging house
1. This schedule shall apply to those Persons operating a Class C Rental Unit in a Low-Rise Residential Rental.
2. In addition to the requirements set out in this bylaw, Class C Rental Units shall comply with the following provisions:
a. The minimum floor area of a Bedroom:i. with three Adult occupants, shall be fourteen (14) square metres; and,
ii. with four or more Adult occupants, shall be seven (7) square metres per Adult occupant.
a. operate as, and be deemed to be, “boarding houses”, “Lodging Houses” or “rooming houses” for the purposes of Part 9 of the Fire Code (Ontario Regulation 213/07, as amended);
b. shall comply with the requirements of Part 9 of the Fire Code (Ontario Regulation 213/07, as amended) relating to “Boarding, Lodging and Rooming Houses”, as if they were “boarding houses”, “Lodging Houses” or “rooming houses” to which Part 9 of the Fire Code applies;
c. operate as, and be deemed to be, “boarding, lodging or rooming houses”, as defined in the Building Code;
d. shall comply with the requirements of the Building Code as if they were “boarding, lodging or rooming houses”, as defined in the Building Code;
e. operate as and be deemed to be a Lodging House for the purposes of the applicable Zoning Bylaw; and,
f. shall comply with the requirements of the applicable Zoning Bylaw, as if it was a Lodging House under that Zoning Bylaw;
g. the Building area shall not exceed six hundred (600) square metres and the Building shall not exceed three (3) storeys in height;
h. any Kitchen or bathroom shall not be for the exclusive use of any individual Tenant;
i. there shall be no more than two (2) bathrooms, no more than (1) Kitchen and no less than five (5) Bedrooms;
j. each Bedroom shall have a door that is capable of being locked;
k. there shall be written leases with only one (1) Tenant per lease, unless the Tenant is under the age of sixteen (16) years, in which case a parent or guardian may execute a lease on their behalf;
l. no Bedroom shall have a working water distribution system installed which would convey water to or from a Bedroom;
m. no room within a Rental Unit may be used as a Bedroom, except where a Bedroom has been depicted on the licence application, which was submitted to the City; and,
n. shall not be operated as a Short-Term Rental.
3. All Class C Rental Units shall comply with all federal or provincial legislation or regulations, including the Ontario Human Rights Code, as well as all municipal bylaws, including any applicable Zoning Bylaws.
Schedule 7 - class "D" rental unit, recognized rental unit
1. This schedule shall apply to those Persons operating a Class D Rental Unit in a Low-Rise Residential Rental.
2. In addition to the requirements set out in this bylaw, Class D Rental Units shall comply with the following provisions:
a. The minimum floor area of a Bedroom:
i. with three Adult occupants, shall be fourteen (14) square metres; and,
ii. with four or more Adult occupants, shall be seven (7) square metres per Adult occupant.
b. Class D Rental Units shall only be granted to those Rental Units which had valid Class D or Class Z licences issued under City Bylaw No. 2011-047 on the date this bylaw came into force and effect;
c. a person who had a valid Class D or Class Z licence under City Bylaw No. 2011-047 for a Rental Unit shall be automatically granted a Class D Rental Unit licence under this bylaw;
d. Class D Rental Unit licences shall not be renewed should:
i. the Class D Rental Unit licence expires; or,
ii. the use of the Rental Unit changes at any time;
e. once a Class D Rental Unit licence has expired and has not been renewed for a period of greater than six (6) months, no person may thereafter apply for, or otherwise renew, a Class D Rental Unit licence in respect of the Rental Unit;
f. the number of Bedrooms permitted in the Rental Unit shall be no greater than the number of Bedrooms approved for the Rental Unit under the Class D or Class Z licence issued under City Bylaw No. 2011-047;
g. no room within a Rental Unit may be used as a Bedroom, except where a Bedroom has been depicted on the licence application which was submitted to the City; and,
h. shall not be operated as a Short-Term Rental.
3. All Class D Rental Units shall comply with all federal or provincial legislation or regulations, including the Ontario Human Rights Code, as well as all municipal bylaws, including any applicable Zoning Bylaws.
Schedule 8 - class "S" rental unit, short-term rental unit in apartment building
1. This schedule shall apply to those Persons operating a Class S Rental Unit in an Apartment Building.
2. In addition to the requirements set out in this bylaw, Class S Rental Units shall comply with the following provisions:
a. The minimum floor area of a Bedroom:
i. with three Adult occupants, shall be fourteen (14) square metres; and,
ii. with four or more Adult occupants, shall be seven (7) square metres per Adult occupant.
b. The number of Bedrooms for Rent shall not exceed five (5);
c. No more than fifty per cent (50%) of the Rental Unit’s Gross Floor Area shall be comprised of Bedrooms, and;
d. No room within the Rental Unit may be used as a Bedroom, except where a Bedroom has been depicted on the licence application, which was submitted to the City.
e. Notwithstanding section 2(c) of this Schedule, if, on the date this bylaw comes into force and effect, or within three (3) months thereafter, a Rental Unit:
i. has Bedrooms which comprise more than fifty per cent (50%) of the Rental Unit’s Gross Floor Area;
ii. is in compliance with all applicable federal or provincial legislation and regulations as well as all City bylaws, and;
the Rental Unit may continue to have Bedrooms which comprise more than fifty per cent (50%) of the Rental Unit’s Gross Floor Area, so long as section 3 of this Schedule is complied with.
3. To obtain an exemption under sections 3 of this Schedule, the Owner shall, within three (3) months of this bylaw coming into force and effect:
a. apply for and obtain a licence for a Class S Rental Unit and include in the licence application an exemption application in the form prescribed by the Director; and,
b. pay the applicable fee pursuant to the City’s Fees and Charges Bylaw.
4. Section 3 of this Schedule shall expire and be of no force or effect after January 1, 2027.
5. An exemption under section 3 of this Schedule shall be immediately rendered null and void and cease to be of any force or effect if:
a. the Class “S” licence expires; or,
b. the percentage of the Rental Unit’s Gross Floor Area comprised of Bedrooms increases following the date this bylaw comes into force and effect.
6. All Class S Rental Units shall comply with all federal or provincial legislation or regulations, including the Ontario Human Rights Code, as well as all municipal bylaws, including any applicable Zoning Bylaws.
7. No Licensee shall rent to any one (1) Person for a more than thirty (30) consecutive days.
8. An Application for a new Class S Rental Unit Licence shall include:
a. the municipal address of the property on which the Rental Unit is situated;
b. the applicant’s name and contact information, including their address, telephone number, and e-mail address;
c. the Owner’s name and contact information, including their mailing address, telephone number, and e-mail address, if different from the applicant’s;
d. if the Owner is a partnership, the name and contact information of each partner including their mailing address, telephone number, and e-mail address;
e. if the Owner is a corporation:
i. the name and contact information of each director, officer and shareholder who holds more than 30% of the issued shares in the corporation, including their mailing address, telephone number, and e-mail address.
i. a copy of the transfer deed providing proof of ownership of the Rental Unit;
j. a copy of a piece of government issued identification showing the name and address of the owner who resides in the Rental Unit;
k. a letter from the Apartment Building owner, property manager, or condominium board indicating that they have approved the use of the unit as a Short-Term Rental or a letter confirming that such approval is not required;
l. a floor plan of the Rental Unit, including identifying:
i. all rooms, spaces or common areas;
ii. how each room, space or common area shall be used, which means specifically indicating where all Bedrooms will be located on the floor plan; and,
iii. the dimensions (in square meters) of all rooms, spaces or common areas.
m. a completed Criminal Record Check for any Owner who resides in the Rental Unit being applied for, including:
i. if the Owner is a partnership, a completed Criminal Record Check for each partner residing in the Rental Unit; or,
ii. if the Owner is a corporation, a completed Criminal Record Check for each director, officer or shareholder who resides in the Rental Unit.
n. a completed Certificate of Insurance Form
o. a declaration stating that:
i. the Rental Unit is in compliance with the Building Code Act, 1992 or any regulations made under it, including the Building Code;
ii. the Rental 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 Unit is in compliance with the Electricity Act, 1998, S.O. 1998, c. 15, Sched. A, as amended (the “Electricity Act, 1998”) or any regulations made under it, including the Electrical Safety Code;
iv. the applicant and Owner are aware of all relevant federal and provincial legislation, including the Ontario Human Rights Code, as well as all relevant municipal bylaws, and that they, and the Rental Unit, will comply with all of them; and,
v. the applicant and Owner confirms the accuracy, truthfulness and completeness of the information submitted.
9. An Application for the renewal of a Class S Rental Unit Licence shall include:
b. a declaration stating that:
i. property ownership and contact information has not changed since the initial application was submitted;
ii. the floor plans submitted with the initial application have not changed;
iii. the Rental Unit is in compliance with the Building Code Act, 1992 or any regulations made under it, including the Building Code;
iv. the Rental Unit is in compliance with the “Fire Protection and Prevention Act, 1997, or any regulations made under it, including the Fire Code;
v. the Rental Unit is in compliance with the Electricity Act, 1998, S.O. 1998, c. 15, Sched. A, as amended (the “Electricity Act, 1998”) or any regulations made under it, including the Electrical Safety Code;
vi. the applicant and Owner are aware of all relevant federal and provincial legislation, including the Ontario Human Rights Code, as well as all relevant municipal bylaws, and that they, and the Rental Unit, will comply with all of them; and
vii. the applicant and Owner confirms the accuracy, truthfulness and completeness of the information submitted.
10. All Class S Rental Units shall comply with all federal or provincial legislation or regulations, including the Ontario Human Rights Code, as well as all municipal bylaws, including any applicable Zoning Bylaws.