Corporate Report

Report from Planning and Building Services, Planning Services

Date of Report: December 17, 2017 Date of Meeting: January 29, 2018

Report Number: PBS-011-2018 File: 56.2.1

Subject: Draft Rental Housing Licensing By-law and Related Administration

Recommendation That Council receive the report and draft Rental Housing Licensing By-law for information purposes; and

That Council direct staff to undertake public consultation with stakeholders including the public, local landlords, and the tenant community and report back to Council with the comments received; and

That Council direct staff to schedule a Public Meeting under the Municipal Notice By-law to consider approval of the draft Rental Housing Licensing By-law; FORTHWITH

Summary As directed by Council, staff have prepared a draft Rental Housing Licensing By-law (RHLB) for Council’s information. The draft by-law, should it be approved by Council, requires city wide licensing of residential rental dwellings with four or less units. The by-law was drafted in consultation with the City of Thorold to ensure consistency across both municipalities. Effective implementation of the proposed by-law will require resources for both administration and enforcement. Funding for these resources has not been provided in the 2018 Operating Budget: financial implications are detailed in section 4.9 of the report. It is proposed that fee revenue will offset the costs of the implementation of a phased program. However, while it is the goal to achieve full cost recovery, at full staffing, it may take until Year 5 before this is achievable. Since lodging houses will be subject to the RHLB, further study and monitoring of the licensing program is proposed to be conducted prior to consideration of zoning by-law amendments regarding this form of housing.

Background 3.1 Council Motion At its meeting of September 25, 2017, Council passed the following motion:

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“Whereas the number of student rentals in the city has increased in residential neighbourhoods causing concern about housing safety, noise, nuisance parties and quality of life for residents; and

Whereas student parties and gatherings have been growing in size and frequency, causing disruption, litter and damage to neighbourhoods; and

Whereas the City is developing a Housing Action Plan and reviewing the zoning by-law and policies to support the development of safe, quality affordable housing while also upholding building code standards and preserving the health and safety of residents and neighbourhoods across the city.

Therefore Be It Resolved that City staff be directed to prepare a report and draft by-law to regulate and license rental housing in the City of St. Catharines based on the City of Oshawa residential rental housing license and Student Accommodation Strategy; and

Be It Further Resolved that staff consult with the City of Thorold to develop consistent by-laws, fines and enforcement standards; and

Be It Further Resolved that the report and by-law be prepared for public consideration by January 2018; and

Be It Further Resolved that consideration be given to adding the term Rooming and/or Boarding Houses back into the By-law.”

3.2 City of Oshawa The City of Oshawa was one of the first municipalities to implement a RHLB in Ontario. The City has an annual license fee of $575 and the by-law does not apply to owner occupied units. This by-law employs a unique demerit point system based on by-law infractions, noise, property standards, nuisance, and waste and only applies to a specific area near post-secondary educational institutions. It should be noted that Oshawa passed this by-law prior to the Ontario Human Right’s Commission’s (OHRC) publishing of the “Room for everyone: Human rights and rental housing licensing”. As a result of considerable scrutiny from the OHRC, it is likely that several attributes of this by-law would be difficult to pass today.

Oshawa has recently explored the possibility of expanding the applicable area of the by-law to include the entire city. In a report, City of Oshawa staff indicated that they did not have the in-house resources to establish a city-wide licensing program and that the cost to hire a consultant to complete the expansion work was estimated at $300,000. Council opted not to support expansion of the by-law area and instead supported an annual building audit of a sample of units within in the municipality.

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3.3 City of Thorold As requested by Council, City staff have been in discussion with representatives of the City of Thorold to develop a consistent approach to the by-law, process, enforcement, fines, and overall implementation. Thorold’s rental housing licensing by-law came into effect on January 1, 2018. There is a 60-day transition period for applicants to apply for a permit. Over the last year, Thorold staff worked on developing the by-law, consulted with the Ontario Human Rights Commission and hosted two public open houses. The basis of the wording for St. Catharines’ draft by-law (attached as Appendix 1) is taken from the Thorold’s by-law, which in turn was based on Oshawa’s by-law. Minor amendments were made to tailor the by-law to the City of St. Catharines and to ensure consistency with the City’s Zoning By-law.

In addition, staff have researched other RHLBs throughout Ontario to ensure that the most effective options can be implemented in St. Catharines. The following municipalities were consulted:

Barrie North Bay London Waterloo Oakville (draft by-law was not passed or implemented) Windsor (Council chose not to implement a licensing system but will revisit the

idea in the future)

Most recently, the Town of Oakville studied the possibility of implementing a rental housing licensing by-law and prepared a report that was presented to the Town Council in October 2017. This review has provided city staff with valuable information and is referenced throughout this report.

Report 4.1 Purpose A RHLB can focus on the reduction of broader neighbourhood impacts resulting from residential rental units. It can also ensure that rental units are safe, and are in compliance with required building and fire codes and city by-laws. It cannot, however, regulate tenant behavior. Licensing allows the municipality to ensure compliance with chosen criteria, such as the following:

Ontario Building code; Ontario Fire code; Electrical safety; Zoning regulations; Parking requirements; Waste management;

Licensing can also serve to confirm the following:

Local contact information; and Landlord criminal record check.

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4.2 Enabling Legislation Prior to 2007, the Ontario Municipal Act only allowed the licensing of lodging houses. However, Municipalities experienced serious enforcement issues because the basis of the definition of a lodging house was that the tenants did not function as a single housekeeping unit. It proved very difficult for by-law officers to determine how a household functioned based on the limited information that they were able to obtain. In 2007, to address this issue, the Province passed Bill 130, enacting amendments to the Municipal Act to allow for the licensing of residential businesses in the form of residential rental properties.

4.3 Human Rights Commission The Ontario Human Rights Commission (OHRC) monitors municipalities that intend to regulate private rental housing to ensure that by-laws and regulations protect the human rights of people and do not discriminate or create barriers for vulnerable people because of age, receipt of financial assistance, disability, and family status, amongst other factors. To this end, the OHRC has published a document titled “Room for everyone: Human rights and rental housing licensing” to provide guidance for municipalities intending to implement a RHLB. This guidance document notes that “licensing by-laws that reduce or restrict affordable housing may not be in line with the provincial vision.” It lists 13 points to consider to ensure that human rights are preserved. A table outlining these 13 points and how the St. Catharines draft RHLB observes / addresses each item is attached as Appendix 2 to this report. Staff are confident that all of the points have been observed in the creation of the City’s RHLB and have sent the draft by-law to the OHRC. It should be noted that the by-law is nearly identical to Thorold’s by-law which the OHRC did not have concerns with.

4.4 Current City Practices In the absence of a RHLB, neighbourhood concerns which are sometimes related to rental properties are addressed through existing city by-laws, committees and enforcement practices. The following discussion offers a brief description of these measures:

4.4.1 Property Standards The City Property Standards By-law is related to the boarding up of vacant buildings, removal of waste and accident hazard conditions, as well as requirements for structural, heating, electrical, plumbing, cleanliness, storage, etc. Through a complaint-based system, when the Property Standards office receives a written complaint, an inspector completes a site visit to ensure validity. Once this has been established, a letter is sent advising the specifics of the infraction and what is required for compliance with the bylaw including how long the resident or landlord has to complete the modifications for compliance.

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4.4.2 Parking Enforcement Parking enforcement officers issue parking tickets where parking is prohibited, restricted, expired meter, over 12 hours, parking on lands other than parking area and parking in a designated accessible space without a permit.

4.4.3 Waste By-law By-law enforcement officers are responsible for the investigation and compliance of the Waste By-law relating to waste accumulation upon any premises, to ensure minimum standards for the health and well-being of city residents and the beautification of the community.

4.4.4 Site Plan Control All lands within the City are designated as a Site Plan Control Area by a city by-law which also sets out the type of development that is subject to site plan control. It is implemented through plans approved and an agreement registered on title. Site plan compliance is enforced by Planning and Building Services through a complaint driven system.

4.4.5 Zoning By-law The Zoning By-law regulates the use of the lands, location, and use of the buildings and structures. Zoning compliance is dealt with by Planning and Building Services through a complaint driven enforcement system.

4.4.6 Noise By-law This City By-law addresses issues such as persistent noise created by construction, combustible motors, barking dogs, whining or calling of domestic animals, music and yelling. Noise complaints relating to dog barking and/or whining or calling of domestic animals should be referred to Niagara Region Animal Services Inc. All other noise complaints are referred to city Legal and Clerks Services, Legal Services, which deals directly with each complaint as it is received. A written complaint letter is required before the complaint can be processed by Legal Services. After hour complaints are sometimes addressed by Niagara Regional Police.

4.4.7 Town and Gown Advisory Committee This volunteer committee relating to Brock University and Niagara College was established to advise and assist Council and staff on the impacts relating to student housing in established residential neighbourhoods including but not limited to issues such as:

Waste Property standards Noise Parking Behavioural issues

This Committee monitors and advises City Council regarding any related issues and also liaises with the Downtown Development and Redevelopment Committee.

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4.4.8 Major Events Planning Taskforce Recently established by City Council, this taskforce is responsible for developing action plans for the city and community partners to address issues related to major events involving the student population such as St. Patrick's Day that pose safety concerns and public nuisances in some city neighbourhoods.

4.4.9 Public Nuisances By-law This city by-law deals with disruptive behavior in public places, destruction of public property, loitering, fighting, graffiti, littering, and entry upon a roof not intended for such occupancy, amongst other matters.

4.4.10 Niagara Regional Police Police respond to some noise and public nuisance calls.

4.5 Residential Rental Landscape in St. Catharines According to 2016 Census data, it is estimated that there are approximately 7,465 rental households (excluding low and high rise apartment buildings) in the City of St. Catharines. A table showing the breakdown of rental units by type is attached as Appendix 3. The challenge with this data is that it does not factor out the types of rentals that would be exempt from the proposed RHLB by-law (i.e. owner occupied dwellings with two or less rented bedrooms), and it gives the number of households rather than the actual number of rental properties.

4.6 By-law Complaint Information Appendix 4 of this report provides a map and chart depicting complaints received in the City. The map divides the City into areas and provides corresponding complaint numbers and percentages of the total number of complaints received. As well, the chart shows complaint types. These areas were used in the mapping because they correspond with the information that is inputted into the AMANDA system. The East Area which is bordered by Eastchester to the north, Highway 406 to the west, St. David’s Road to the south and the City limits to the east, has the highest percentage of by-law complaints in the City. Data collected helps to identify the magnitude of by-law concerns generated within the City.

4.7 Licensing Framework Based on the information and research obtained, staff have prepared a draft city-wide RHLB which is attached as Appendix 1. The draft by-law applies to the entire low-rise rental spectrum and includes rental properties containing a rental dwelling with four or less units save and except specific exemptions which are detailed further in section 4.7.1.3. of this report. It should be noted that deviation from this approach will limit the by-law’s effectiveness. According to the Oakville report, gains in effectiveness can only be achieved when the entire city is included in a licensing program. Opting to only have the by-law pertain to a specific part of the City would likely result in an objection by the OHRC. The by-law cannot target only a specific portion of the population i.e. student rentals that are in close proximity to the University.

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The Building Code Act, 1992, governs the construction, renovation, change of use, and demolition of buildings. Construction requirements are based on the size and occupancy of the building. In the case of a residential building, the number of dwelling units is one of the factors that determines its construction requirements. In St. Catharines, the rationale for licensing residential low-rise rental properties is that apartment rental properties are constructed to meet proper building code requirements for that use and purpose. For example, an apartment building is equipped with the proper fire separations, emergency lighting, sprinklers, fire exits and signage. A detached dwelling is constructed with requirements that assume that upkeep and care is being tended to by a single owner. When a detached dwelling is converted to a rental unit with multiple dwellings and tenants, there are more stringent life and safety requirements than simply for detached dwellings. As well, unlike detached dwellings, apartment buildings are subject to site plan approval which ensures that matters such as landscaping, parking, site circulation, waste management are addressed.

4.7.1 Key Draft By-law Components The following discussion provides a description of the parts of the draft by-law:

4.7.1.1 Key Definitions: Rental Property: includes each building containing a Rental Unit and the Rental Area Rental Area: means each Lot that a Rental Unit occupies. Residential Rental Business: means the operation of a Rental Unit. Rental Unit: Means a dwelling unit offered for rent.

4.7.1.2 Prohibitions

Residential rental businesses cannot be conducted, and rent cannot be collected from a Rental Unit except in accordance with a current and valid license issued under the RHLB.

4.7.1.3 Exemptions

Owner occupied residential dwelling unit with a maximum of two bedrooms that are occupied by tenants;

Student residence / dormitory that is operated by a University / College; Apartment building (dwelling with five or more units); Hotel, inn, bed and breakfast; Other rentals governed under legislation specified in the draft by-law

4.7.1.4 Licensing Requirements: The applicant must provide the following information:

$500.00 fee (valid for two years) *This is the licensing fee amount that Thorold uses. The amount may be adjusted for St. Catharines based on the financial model that is selected. (See Appendix 6 for options.)

Completed Application form Self-certification checklist

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Evidence of ownership Sworn statement of accuracy of information Proof of insurance Parking plan Fire safety plan Property maintenance plan Local contact information Floor plans Site sketch Electrical Safety Code compliance evidence

4.7.1.5 Renewal

$400.00 renewal fee (valid for two years) *The renewal fee amount may be adjusted for St. Catharines based on the financial model that is selected.

Must be filed 60 days prior to current license expiry. If no changes have been made to the licensing requirements a declaration that

states that no changes have occurred must be submitted.

If changes have been made, licensing requirements must be revised and resubmitted.

4.7.1.6 Review of Application and Rental Property Inspection

By filing the application the owner is consenting to an inspection.

Incomplete applications may be rejected.

4.7.1.7 Issuance of License

Director of Planning and Building or designate may refuse issuance of the license where:

o Past conduct of an applicant gives reasonable grounds to believe that the requirements will not be carried out in accordance with applicable law or with honesty and integrity.

o Issuance may be adverse to the public interest o Threat to health and safety of persons or property o There are orders on the property (property standards, building / fire code) o The property is not in compliance with the zoning by-law o Fines or fees are owed to the city o Objection is received from the Chief Building Official, Fire Chief, or

Planning Staff.

4.7.1.8 Appeals

Should the Director not issue a license, written notice shall be given to the applicant, stating the reasons for the decision. See section 4.8.4 of this report for more detail.

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4.7.1.9 License Conditions

Further to the standard license conditions outlined in the draft by-law, the Director may impose additional conditions that are determined to be appropriate.

4.7.1.10 Revocation

A license can be revoked or suspended where: o Provisions of the by-law are contravened o Conviction of contravention of the building code, fire protection and

prevention act and fire code. o Reasonable grounds for belief that false information has been given. o Breach of conditions o Issuance in error o Threat to health and safety o New information that would have resulted in the initial refusal of the

license application.

Prior to the revoking or suspension of a license the Director shall consider the adverse impact on the tenants.

4.7.1.11 Penalties

Any person that fails to comply with the by-law is guilty of an offence. The maximum penalties that can be imposed under the Provincial Offences Act for a municipal by-law offence are shown in the table below.

Maximum - 1st Offence Maximum - Subsequent Offences

Person $25,000 $50,000

Corporation $50,000 $100,000

4.8 Process A flow chart depicting the full proposed licensing process is attached as Appendix 5. At this time, it is proposed that Planning and Building Services will administer the By-law. Future reports will examine thoroughly whether there is a more appropriate department that should implement and administer the by-law.

4.8.1 Application

All requirements are submitted to city staff.

4.8.2 Application Review

Application will be checked for completeness. Information circulated to the appropriate department and reviewed. A resubmission will be required if there is outstanding information or an

outstanding fee.

4.8.3 Inspection Conducted By-law enforcement staff will be proactive and arrange and conduct inspections. Violations will likely incur re-inspections and the need for further building or fire inspections which will result in additional fees.

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http:4.7.1.11http:4.7.1.10

4.8.4 License Approval Decision

Once the inspections are satisfactory and all information is complete the Director may issue a license.

o Conditions may be associated with the license. An applicant may appeal a condition of the license for a fee of $100.

o The property will be added to a Residential Rental License Register If information is found to be unsatisfactory or inspection violations are not

resolved the license will be denied.

o The applicant has 30 days from notice of decision to appeal if they

disagree. After an appeal fee is paid, the appeal is heard by a Hearing Officer who gives an oral or written decision at the conclusion of the meeting or within 30 days. The decision is considered to be final. By-law implementation involves the appointment of an Officer along with Council passage of a protocols and procedures by-law.

4.8.5 Penalties Based on a complaint system, penalties will be implemented for units that are operating illegally. The City of Thorold is in the process of developing their proposed fines for tickets that can be issued under their licensing bylaw. It is proposed that The City of St. Catharines similarly apply for set fines under the Provincial Offences Act so that tickets can be issued. The maximum penalty that can be approved under that system of enforcement is five hundred ($500) dollars.

A sample of Thorold’s application and supporting materials can be found at this link – Thorold Application Sample. It is anticipated that St. Catharines will produce very similar documentation. Approval of rental housing licenses is recommended to be delegated to the Director of Planning and Building Services.

4.9 Financial Operation Model According to the Oakville report and St. Catharines staff review of RHLB’s, there is a wide range of application, renewal and inspection fee amounts. Factors that may affect fees include the local cost of providing services (salaries, benefits etc.), the number of staff (all city departments), and the degree to which the program seeks cost recovery (placing costs to manage businesses on businesses – removing tax impact). The St. Catharines licensing program is intended to be full cost recovery for all administrative and enforcement aspects. However, the lack of accurate data makes it difficult to estimate the magnitude of the licensing program uptake and demand in terms of time and effort. Staff will also be involved in investigations, prosecutions and follow ups; all of which incur considerable time and cost. It is known that current staffing levels cannot support the implementation of the RHLB which is proposed to reside in Planning and Building Services under the Manager of the Building and Development Services. It is possible that a Supervisory position will also have to be added to the staff complement, especially to implement this program.

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http://www.thorold.com/residential-rental-licensing

It is suggested that the required staff compliment be phased in over a five year period depending on program uptake. To commence the program, it is anticipated that at least two new by-law enforcement officers, one new enforcement coordinator, and one new fire inspector will be needed. Monitoring the impact and effect of this program will provide more accurate data on operational needs. Overall, full program implementation will very likely require a larger staff complement. At Year 5, the following chart shows the estimated staff compared with other municipalities who administer similar municipal rental housing licensing by-laws.

Municipality Rental Units

Required Staff

Thorold 1,500-1,800 2 additional positions

Oakville 5,000 5 additional positions spread over 5 years

Waterloo 6,000 7 additional positions

Estimate

Oshawa 6 Enforcement Officers

St. Catharines 5,000-7,500 7 By-law Enforcement Officers 1 Licensing Coordinators 2 Fire Inspectors

Initially, four new staff members would result in an annual cost of approximately $484,300: this amount has not been accommodated in the 2018 Operating Budget.

These estimated costs are anticipated to be partially offset by forecasted license fee revenues. About 968 license applications would have to be submitted annually to cover

estimated annual staffing costs. Staff believe that this number is very optimistic and not

likely to be achieved in the first years of the program.

Appendix 6 outlines three license cost scenarios that attempt to achieve cost recovery within five years. Different license fee costs and gradual staffing increases by Year 5 are estimated.

Many assumptions are required to forecast a financial model for the RHLB. These estimates can significantly affect budgeting for the program. Assumptions include:

The exact number of rental properties in the City The by-law proposes to license a residential rental property and not individual

units. This may impact inspection times and efforts depending on the number of units

The number of rental properties who will voluntarily obtain a license is unknown The amount of staff time related to:

o How much time inspections will take? o How much time will be spent in court with possible prosecution? o How much complaint driven enforcement will take place? o How many properties will have violations and require multiple inspections?

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There will be other costs that also will need to be examined in detail. Some of these expenses include: logistical costs, IT, marketing and advertising, and possible planning services staff costs for implementation. A more detailed financial breakdown will be provided in a future report that will relay public comments, final by-law content and, implementation details.

4.9.1 Impact on other departments Several departments including, Planning and Building Services, Legal Services, Financial Services, and Fire and Emergency Services have been involved in the creation of the draft by-law and will be impacted if the licensing program is implemented. For example, to comply with the building / fire codes, landlords may require additional building permits. This will affect the workload of plans examiners, and building inspectors. Penalties and an enforcement plan for illegal units will impact Legal Services along with Corporate Support Services and Financial Management Services.

4.9.2 Voluntary Licensing Option Council could chose to begin the licensing program with a voluntary license system, whereby landlords could voluntarily obtain a license without it being mandatory. Having a voluntary system in place would allow for data gathering and give a more accurate representation of the staff time and budgetary requirements for the implementation of an ultimate RHLB.

4.10 Timeline A proposed timeline for the next steps is outlined below.

Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec 2019 Jan

Public Consultation

Council Approval

Implementation

Transitioning

Monitoring

4.10.1 Public Consultation Public consultation is one of the most important factors in the creation of the RHLB. It should be noted that because of time constraints no public consultation has been conducted to date. It is vital that staff meet with different stakeholders to obtain comments and address concerns. The OHRC advises in item #2 of their 13 points (which are attached as Appendix 2) that consulting with Code protected groups is necessary when contemplating a RHLB. The OHRC lists the following groups as examples of Code protected groups:

Aboriginal people Radicalized groups

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Newcomers Lone parents Seniors Large families Students Low income individuals

4.10.2 Council Approval The timeline outlined above anticipates that Council will consider whether to approve a RHLB in Q2 of 2018. This estimate includes timing for public consultation, analysis of comments, further data gathering, giving notice, and holding the public meeting.

4.10.3 Implementation This step includes hiring of new employees, administration set up, creation of required documentation, technological support and staff training. More detail will be required in the next steps of the process to outline the exact functionality of the licensing program. A marketing / advertising campaign advising the public of the requirement for a rental housing license should occur at this time. A more detailed implementation plan, estimated to begin in Q3 of 2018, will be part of the next report to Council.

4.10.4 Transitioning A transition period will be required from implementation of the by-law to required compliance. Landlords may need to gather information and complete construction and, inspections. There may be an influx of applications at the beginning of the program where staff may encounter difficulty inspecting all submissions in a timely manner in order to issue licenses. It is estimated that inspections and enforcement will begin in Q1 of 2019 and, at first, be concentrated in the highest complaint areas as shown in Appendix 4.

4.10.5 Monitoring A monitoring program will be established to measure the outcomes and effects of the program. Effectiveness of the licensing by-law should be measured along with the by-law’s effect on average rents and the vacancy rate in the City. The OHRC advises in item #12 of their 13 points (which are attached as Appendix 2) that monitoring for impact on Code groups is necessary when contemplating a RHLB.

4.11 Affordable Housing In June 2017, Council approved Phase I of the City’s Housing Action Plan to encourage the development of affordable housing in the City of St. Catharines. Generally, there is concern that implementation of a RHLB may directly or indirectly impact the availability of affordable housing units. The current vacancy rate has dropped to 1.1% in the City of St. Catharines, exacerbating the issue. According to the Oakville report, if the RHLB deters homeowners from renting out their homes or accessory apartments because of additional cost or perceived onerous process, less supply in private market rentals may lead also to increased rents because of less competition and less housing choice.

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However, there is no definitive research indicating whether or not a RHLB affects the availability of affordable housing and if so by how much.

There is also concern that the cost of licensing will drive up the cost of rent. The City of Oakville has compared several municipalities that have RHLB and the effect on the average rent in the municipality. The results provide no strong correlation. Their chart is attached as Appendix 7.

As demonstrated in the Financial Operation Model section of this report, to achieve full cost recovery, the cost of a license would have to be approximately $1,050 ($900 for renewal). There is concern that this cost may drive up the rental cost of affordable units.

In the opposite regard, a RHLB can also have a positive effect on one aspect of affordable housing. One of the main issues that was raised by stakeholders during public consultation for the Housing Action Plan was the poor condition of available units. This is particularly concerning since there is a tendency that tenants who are vulnerable members of the population do not complain about the state of their housing for fear of retribution. A licensing program should ensure improvement of the health and safety of rental units.

4.12 Zoning By-law Amendments Council also instructed staff to examine the possibility of adding “rooming” and or “boarding houses” into the Zoning By-law. Such housing, commonly known as “Lodging houses” are a distinct use where persons may live together under one roof, but not share the responsibilities of maintaining the dwelling together as a “single housekeeping unit.” The Planning Act states that municipalities may not pass zoning by-laws that distinguish between people who are related or unrelated in respect of the occupancy or use of a building. For example, a zoning by-law cannot require that a family rather than roommates occupy a house. As well, a zoning by-law cannot regulate whether the dwelling is rented or owner occupied.

Zoning for lodging houses could address location depending on density and function ie., provision of adequate related parking. Minimum zoning requirements could ensure that these properties function properly related to:

minimum lot area; sufficient parking requirements; sufficient amenity space; maximum bedroom number; minimum sanitary facilities; and density requirements.

Related to this question, The Ontario Building Code contains the following definition: Boarding, lodging or rooming house means a building,

a. that has a building height not exceeding three storeys and a building area not exceeding 600m²,

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b. in which lodging is provided for more than four persons in return for remuneration or for the provision of services or for both, and

c. in which the lodging rooms do not have both bathrooms and kitchen facilities for the exclusive use of individual occupants

Currently, a lodging house falls under the definition of a detached dwelling in the zoning by-law. When zoning provisions are contemplated for lodging houses, the OHRC should be consulted to ensure that there is not an unintentional infringement of human rights. It is often very difficult to discern whether the rental property is a lodging house versus a single housekeeping unit.

Regardless of whether this use is included specifically as an amendment to the Zoning By-law, lodging houses as defined by the Ontario Building and Fire Codes will be subject to the proposed RHLB and, therefore, concerns about upkeep and health and safety can be addressed. For further control, lodging houses could be added as a use covered in the Site Plan Control By-law: they could be subject to a scoped site plan review process to ensure matters such as site design, parking layout, and functionality are addressed.

Further regulation of lodging houses may decrease their availability as an affordable form of housing within the municipality. By limiting lodging houses to certain areas (higher density zones), affordable housing units may be lost, especially since they are typically situated in converted detached dwellings which are not permitted in higher density zones. At this time, because they will be subject to the RHLB, it is suggested that further study is required and that consideration of adding this use into the Zoning By-law be part of the monitoring of the RHLB for another year to observe the impact of the RHLB on lodging house use in the City.

4.13 Alternative Solutions: The full implementation of the rental housing licensing by-law will incur costs to the municipality and rental community. Other approaches are available to the city including:

4.13.1 Additional by-law enforcement officers

Increasing the number of current staff to respond to by-law complaints would improve the timeliness of responses and resolutions.

4.13.2 Public Education o Increased community awareness of City by-laws, citizen roles and

obligations, expectations and availability of resources. o Tenant and Landlord fairs. o Creation of website for information consolidation.

4.13.3 Improvements to City by-laws

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o Property standards: shorter turnaround for compliance, stricter fines for repeat offences.

o Noise: change in enforcement structure – complaints are currently made to Legal Services.

o Nuisance by-laws: amend outdated portions of the by-law, ensure enforcement of the by-law.

4.13.3 Student Accommodation Strategy

A RHLB cannot target a specific population demographic nor can it dictate the behavior of tenants.

Ensure a balance of accommodating students and neighbourhood stability. A strategy can explore solutions for large events, harmonious neighbourhood

interactions and establish a better communication system between all stakeholders.

Creation of Neighbourhood Plans o Ensures that solutions are tailored to the exact issues being experienced.

Communication would be improved between the university, Niagara Regional Police, municipality, and other municipalities with similar issues.

4.13.4 Voluntary landlord certification program o Partnerships with universities / colleges where landlords pay a fee for a

certification and inspection. In return they are advertised by the educational institution as “certified” rentals.

4.14 Options 1. Council can chose to move forward with the outlined timeline to implement the

RHLB. 2. Council can chose to implement a voluntary licensing program until the end of

2018 and then implement the RHLB in future years. 3. Council can chose to monitor Thorold’s newly implemented RHLB for 6-12

months, make the necessary adjustments based on feedback, then implement the RHLB in 2019.

4. Council can choose not to implement a RHLB and move forward with alternative solutions for addressing concerns that neighbourhoods around the City are experiencing.

4.15 Litigation Nearly all RHLBs that municipalities in Ontario have implemented have been challenged in court. Council should consider that it is likely that the by-law will be challenged and that additional litigation costs will be incurred along with a potential for delayed in implementation.

It should be noted that there is a duty of care expectation, and enforcement obligation when passing a by-law that deals with public safety. This can create a level of liability for the municipality if the program is not enforced.

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Public Notice No public notice was required for this report, however, should Council choose to proceed with the adoption of a RHLB, public consultation as recommended in this report is in order.

Financial Implications Financial implications are detailed in section 4.9 of this report. Implementation of phase one of the RHLB will require for an annual cost of approximately $484,293. These costs are mainly related to additional staffing and administration. The license revenue will be used to attempt to offset costs incurred to implement and administer this by-law. Neither the costs nor the revenues have been included in the 2018 Operating Budget. In addition, potential legal costs related to defense of the RHLB in court should be considered.

Relationship to Strategic Plan Relation to the Strategic plans as follows:

Social Sustainability Goal:

Strive for the highest quality of life for all citizens.

Conclusion As directed by Council, staff have prepared a draft RHLB in consultation with the City of Thorold who in turn has used the City of Oshawa by-law as the basis for their by-law. All rental dwellings of four or less units in the City would be required to be licensed, save and except those exempted by the by-law. Effective implementation of the RHLB will require additional staffing resources to administer and implement this by-law. These costs are not included in the 2018 Operating Budget. Any revenues collected will be used to try and offset the cost of the implementing and administering of this by-law. Future monitoring of the by-law’s implementation may necessitate a need for additional staff in subsequent years. Staff have also provided Council with alternative options to the RHLB for consideration.

Prepared by: Margaret Josipovic Project Expeditor

Submitted by: Judy Pihach, MCIP, RPP Manager of Planning Services

Approved by: James N. Riddell, M.PL., MCIP, RPP Director of Planning and Building Services

Report Page 17 of 17

file://copacabana/city/Strategic%20Plan%20-%20Report%20Writing/StratPlan-ReportWriting.docxfile://copacabana/city/Strategic%20Plan%20-%20Report%20Writing/StratPlan-ReportWriting.docx

1CITY OF ST. CATHARINES

BY-LAW NO. ____________

A By-Law to provide the Licensing, Regulating and Inspecting of Residential Rental

Property in the City of St. Catharines.

WHEREAS section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the

“Act”) provides that a local municipality has the capacity, rights, powers and privileges of

an actual person for the purposes of exercising its authority under this or any other Act;

AND WHEREAS subsection 11(1) of the Act provides that a local municipality may

provide any service or thing that the municipality considers necessary or desirable for

the public;

AND WHEREAS subsection 11(3) of the Act provides a local municipality with

jurisdiction with respect to business licensing;

AND WHEREAS subsection 151(1) of the Act provides that, without limiting Sections 9,

10 and 11 of the Act, a local municipality may provide for a system of licenses with

respect to a business;

AND WHEREAS subsection 23.2(4) of the Act permits a local municipality to delegate

certain legislative and quasi-judicial powers;

AND WHEREAS subsection 391(1) of the Act provides that a municipality may impose

fees and charges on persons for services or activities provided or done by or on behalf

of it;

AND WHEREAS on the following dates, the City held open houses and public meetings

with respect to the licensing proposal: ______________.

AND WHEREAS Council for the City of St. Catharines passed Report No.______ on

_____to approve the adoption of a by-law to provide for the licensing and regulation of

rental property in the City of St. Catharines;

AND WHEREAS the Council for the City of St. Catharines considers it necessary and

desirable for the public to regulate the renting of residential property for the purpose of

protecting the health and safety of the persons residing in residential rental properties

by ensuring that certain regulations are met; that the required essentials such as

plumbing, heating and water are provided; for ensuring that the residential rental

properties do not create a nuisance to the surrounding properties and neighbourhoods;

and, to protect the residential amenity, character and stability of residential areas.

THE COUNCIL OF THE CORPORATION OF THE CITY OF ST. CATHARINES enacts

as follows:

1. SHORT TITLE

This By-Law shall be known as the “Residential Rental Licensing By-Law.”

2. DEFINITIONS

For the purpose of this By-Law:

2.1. “Apartment building” means a building or part thereof containing at least five

(5) or more separate Dwelling Units, all of which have a common entrance from

grade and each of which has an independent entrance from a common corridor.

2.2. “Applicant” means and includes any person applying for a license under this

By-Law;

2.3. “Bedroom” means a room or area within a Dwelling Unit, used, designed,

equipped or intended for sleeping.

2.4. “Building” means:

2.4.1. A structure occupying an area greater than 10 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;

2.4.2. A structure occupying an area of 10 square metres or less that contains

plumbing, including the plumbing appurtenant thereto; or

2.4.3. Structures designated in the Building Code.

2.5. “Building Code” means Ontario Regulation 350/06, as amended.

2.6. “Building Code Act” means the Building Code Act, 1992, S.O. 1992, c.23, as

amended.

2.7. “By-Law Enforcement Officer” means the By-Law Enforcement Officer for The

Corporation of the City of St. Catharines.

2.8. “Chief Building Official” means The Chief Building Official for The Corporation

of the City of St. Catharines.

2.9. “City” means The Corporation of the City of St. Catharines.

2.10. “Clerk” means the Clerk for The Corporation of the City of St. Catharines.

2.11. “Converted Dwelling” means a building which has been altered by the creation

of more dwelling units that existed originally, with each dwelling unit having its

own sanitary facilities and cooking facilities.

2.12. “Council” means the City Council of The Corporation of the City of St.

Catharines.

2.13. “Director” means the Director of Planning and Building Services Department for

The Corporation of the City of St. Catharines or, in the alternative, someone

designated to act on his or her behalf.

2.14. "Dwelling Unit" means a unit, whether in whole or in part, that:

2.14.1. Consists of a self-contained set of rooms located in a Building;

2.14.2. Is used, or is intended to be used, as a residence; and

2.14.3. Contains a kitchen and bathroom facilities.

2.15 “Fire Chief” means the Fire Chief of The Corporation of the City of St.

Catharines or, in the alternative, someone designated to act on his or her behalf.

2.16 “Fire Prevention Officer” means the Fire Prevention Officer for The Corporation

of the City of St. Catharines or someone designated to act on his or her behalf.

2.17 “Hearing Officer” means the hearing officer as defined and appointed in the

City of St. Catharines Bylaw___, as amended.

2.18 “Inspector” means:

2.18.1. A member of the Fire and Emergency Management Services of the City

and includes the Fire Chief and any other member of the Fire and

Emergency Management Services designated by the Fire Chief;

2.18.2. Chief Building Official;

2.18.3. Building Inspectors;

2.18.4. Property Standards Inspectors (Officers?);

2.18.5. By-Law Enforcement Officers.

2.19 “Licensee” means any person, corporation or partnership licensed under this

By-Law.

2.20 “Lot” means any parcel of land with frontage on a road which is a separate

parcel of record or is shown as a whole lot on a Registered Plan of

Subdivision, including any part of which is subject to an easement or right of

way.

2.21 “Medical Officer of Health” means the Medical Officer of Health for the

Niagara Region or a person delegated by him or her for the purposes of this

By-Law.

2.22 “Occupier” means the person who has the right to occupy a Rental Unit.

2.23 “Ontario Fire Code” means the regulations established through the Fire

Protection and Prevention Act and any amendments and / or alterations made

under that Act.

2.24 "Owner” includes a person who, alone or with others, owns a Rental

Property.

2.25 “Owner-occupied” means occupied by persons holding at least 50% of the

title to the property as identified in the Ministry of Government and Consumer

Services Parcel Register.

2.26 “Person” shall include an individual, association, charter association, firm,

partnership, corporation or other entity.

2.27 “Police Officer” means a police officer, as defined by the Police Services

Act, R.S.O. 1990, c.P.15, as amended.

2.28 “Rent” includes the amount of any consideration paid or required to be paid

or given by or on behalf of a Tenant to a Landlord or the Landlord’s agent for

the right to occupy a Rental Unit and for any privilege, accommodation or

thing that the Landlord provides for the Tenant in respect of the occupancy of

a Rental Unit.

2.29 "Rental Area” means each Lot that a Rental Unit occupies.

2.30 “Rental Property” includes each building containing a Rental Unit and the

Rental Area.

2.31 “Rental Unit” means a Dwelling Unit offered for Rent.

2.32 “Residential Rental Business” means the operation of a Rental Unit.

2.33 “Tenant” includes a person who pays rent or provides services in lieu of

paying rent, in return for the right to occupy a Rental Unit.

2.34 “Zoning By-Law” means the City of St. Catharines By-law No. 2013-283

entitled "A By-law to regulate the use of land, the bulk, height, location,

erection and use of buildings and structures, the provision of parking spaces

and other associated matters in the City of St. Catharines", as amended.

3. PROHIBITION

3.1 No person shall do any of the following, except in accordance with a current and

valid license issued under the authority of this By-law:

3.1.1 Carry on a Residential Rental Business;

3.1.2 Permit a Person to carry on a Residential Rental Business;

3.1.3 Collect Rent or permit Rent to be collected for a Rental Unit; or

3.1.4 Hold themselves out as being licensed to carry on a Residential Rental

Business.

3.2 No person shall fail to comply with a term or condition of a license issued under

this By-law.

3.3 No license issued under this By-Law may be transferred to any other Person.

3.4 No Person shall provide false or misleading information to the City when applying

for a license under this By-law, renewing a license or at any other time.

3.5 No Person shall carry on a Residential Rental Business while the license issued

under this By-law is under suspension.

4. EXEMPTION

4.1 Notwithstanding any other provision of this By-Law to the contrary, a license to

carry on a Residential Rental Business is not required for:

4.1.1 A Rental Unit that is occupied by all Owners of the Rental Unit as their

sole residence and in which no more than two (2) bedrooms are occupied

by Tenants;

4.1.2 A Tenant that is subletting a Rental Unit provided that:

4.1.2.1 The owner of the Rental Unit has obtained a license for the Rental

Property in accordance with the provisions of this By-Law.

4.1.3 A student residence/dormitory operated by a University, College or

private operator provided it is zoned as such under the Zoning By-Law,

as amended;

4.1.4 An Apartment Building;

4.1.5 A hotel, an inn or bed and breakfast, as defined by the Zoning By-law;

4.1.6 A group home (Long Term Care Facility?), as regulated by the City of St.

Catharines Group Home By-Law (Zoning By-law?); or

4.1.7 A Rental Unit to which any of the following statutes, or their regulations

apply:

4.1.7.1 The Homes for Special Care Act, R.S.O. 1990, c. H.12, as

amended;

4.1.7.2 The Innkeepers Act, R.S.O. 1990, c. 17, as amended;

4.1.7.3 The Long-Term Care Homes Act, 2007, S.O. 2007, c. 8, as

amended;

4.1.7.4 The Retirement Homes Act, 2010, S.O. 2010, c. 11, as amended;

and

4.1.7.5 The Social Housing Reform Act, 2000, S.O. 2000, c. 27, as

amended.

5. LICENSING REQUIREMENTS

5.1 Any Person seeking to obtain or renew a license to carry on a Residential Rental

Business shall:

5.1.1 Be at least eighteen (18) years of age;

5.1.2 Complete the application and provide the supporting material as set out in

Sections 7, 8, and 9 of this By-law; and

5.1.3 Pay the required fee as required by Schedule “A” of this By-law; and,

where applicable, the City’s Fees and Charges By-law (Rates and Fees By-law).

5.2 This By-law applies to all Residential Rental Businesses within the City unless

otherwise exempted by this By-law.

5.3 Each Rental Property shall be individually licensed to carry on the business of

the Residential Rental Business.

5.4 All fees paid under this By-law are non-refundable.

6. ADMINISTRATION

6.1 The power and authority to issue or renew a license, refuse to issue or refuse to

renew a license, to cancel, to impose terms and conditions, including special

conditions, on a license, are hereby delegated to the Director.

6.2 The Director shall generally perform all of the administrative functions conferred

upon him or her by this By-Law and without limitation may:

6.2.1 Receive and process all applications for all licenses and renewals of

licenses under this By-Law;

6.2.2 Issue licenses in accordance with the provisions of the By-Law;

6.2.3 Impose terms and conditions on licenses in accordance with this By-Law;

and,

6.2.4 Refuse to issue or renew a license or revoke or suspend a license in

accordance with this By-Law.

6.3 The power and authority to hear an appeal from the refusal to issue a license, the

refusal to renew a license, the decision of the Director to suspend a license or

impose conditions is hereby delegated to the Hearing Officer.

7. APPLICATION FOR A LICENSE AND RENEWAL OF A LICENSE

7.1 An application for a license shall be made to the Director on the form provided by

the Director and shall include:

7.1.1 The municipal address and legal description of the Rental Property;

7.1.2 The name, municipal address, telephone number and email address of

each Owner;

7.1.3 Evidence of ownership of the property to the satisfaction of the Director;

7.1.4 If an Owner is a corporation, the address of its head office, the name,

address, telephone number and email address of each director and

officer and shareholder and a copy of the:

7.1.4.1 Owner’s Articles of Incorporation; or

7.1.4.2 A corporate profile report issued by the Ontario Ministry of

Consumer and Business Services.

7.1.5 If the Applicant or Licensee is a partnership, the name, municipal address,

telephone number and email address of each partner and details of each

partner’s interest in the partnership;

7.1.6 A sworn statement by each Owner certifying the accuracy, truthfulness

and completeness of the application; and

7.1.7 Each Owner’s signature or any duly authorized Owner’s agents that would

bind the Owner.

7.1.8 Proof of Insurance that:

7.1.8.1 Includes a limit of liability of no less than $2,000,000 (two million

dollars) per occurrence for property damage and bodily injury; and

7.1.8.2 Identifies that the proposed use of the premise is that as a

Residential Rental Unit; and

7.1.8.3 Requires that the Director be notified of any intended cancellation

by the insurer no fewer than 21 days prior to such cancellation.

7.2 A license issued under this By-law to carry on a Residential Rental Business

expires two (2) years from the date of issuance, unless suspended or revoked.

7.3 A renewal application must be filed at least sixty (60) days prior to the current

license expiring. A renewal license must be obtained prior to expiration of a valid

license to qualify as a renewal of license under Section 9.

8. MATERIAL TO BE FILED IN SUPPORT OF LICENSE APPLICATION

8.1 Every person applying for a license shall, in addition to completing the application

provided for in Section 7.1, provide the following additional material in support of

the license application:

8.1.1 Floor plan(s) of the Rental Unit including, for each room, its dimensions

and proposed use, clearly indicating the location and number of

Bedrooms;

8.1.2 A maintenance plan which identifies the measures that the Owner will take

to ensure compliance with the City’s (Clean Yards and?) Property

Standards By-Laws and Regional Waste Management By-Law for the

Rental Property;

8.1.3 A site sketch that indicates the location of the Rental Unit, any external

garage/recycling facilities, and parking spaces (clearly indicate the number

of spaces provided and their dimensions) for the Rental Property;

8.1.4 Evidence satisfactory to the Director confirming that the Rental Unit and its

proposed use comply with the Electrical Safety Code, O. Reg. 164/99;

8.1.5 A completed self-certification check list;

8.1.6 A completed fire safety plan for the Rental Unit;

8.1.7 The prescribed fee in Schedule ‘A’; and

8.1.8 Any other documentation or information as may be required in any other

Part of this By-Law or by the Director.

9. MATERIAL TO BE FILED IN SUPPORT OF A RENEWAL OF A LICENSE

9.1 Every person applying for a license renewal shall submit a complete application

as required in Section 7.1 along with the following supporting material:

9.1.1 If no changes have been made to the floor plan, maintenance plan, site

sketch, or fire plan submitted with the original application, a Declaration

that there have been no such changes;

9.1.2 If changes have been made to the floor plan, maintenance plan, site

sketch, or fire plan submitted with the original application:

9.1.2.1 A revised floor plan of the Rental Unit, including, for each room,

its dimensions and its proposed use clearly indicating the

location and number of Bedrooms, if changes have been made

to the floor plan;

9.1.2.2 A revised maintenance plan identifying measures that the

Landlord will implement for the purpose of complying with the

City’s Clean Yards and Property Standards By-Laws and

Regional Waste Management By-Law, if changes have been

made to the maintenance plan for the Rental Property;

9.1.2.3 A revised site sketch that indicates the location of the Rental

Unit, any external garage/recycling facilities, and parking spaces

(clearly indicate the number of spaces provided and their

dimensions) for the Rental Property; and

9.1.2.4 A revised fire safety plan for the Rental Unit, if changes have

been made to the fire plan;

9.1.3 If changes have been made to the electrical installation, evidence

satisfactory to the Director confirming that the Rental Unit and its

proposed use comply with the Electrical Safety Code, O. Reg. 164/99; and

9.1.4 The prescribed fee(s) in Schedule ‘A’.

9.2 Notwithstanding Section 9.1, the Director may require that an Owner comply with

Section 8.1 where, in the opinion of the Director, the renewal application in

respect of a Rental Property when the Rental Unit and/or Rental Area is

substantially different than an original application.

10. REVIEW OF APPLICATION AND RENTAL PROPERTY INSPECTION

10.1 The Director may cause such investigations to be undertaken respecting an

application for license as the Director determines to be relevant to the

application.

10.2 By filing an application, an Applicant or, in the case of a renewal, a Licensee,

consents to the inspection of the Rental Property including the Rental Unit and/or

Rental Area.

10.3 Upon receipt of a completed application and all accompanying documentation

and the required fees, the City will schedule an inspection of the Rental Property

including the Rental Unit and/or Rental Area.

10.4 The Director may reject an application or its renewal where any of the documents

required by this By-law are incomplete or have not been filed.

10.5 The Director may reject an application or its renewal where any of the documents

required by this By-law are issued prior to the sixtieth (60th) day preceding the

date on which the application is submitted.

11. ISSUANCE OF A LICENSE

11.1 The Director shall issue or renew a license to carry on a Residential Rental

Business to any Person who meets the requirements of this By-law, except

where:

11.1.1 The past conduct of the Person who applies for the license affords the

Director reasonable grounds to believe that the Applicant has not or will

not carry on their Residential Rental Business in accordance with

applicable law or with honesty and integrity;

11.1.2 The Director reasonably believes that the issuing of a license for the

Residential Rental Business might be adverse to the public interest;

11.1.3 The Director, acting reasonably, is of the opinion that the Residential

Rental Business being licensed poses a threat to the health and safety of

persons or property; or

11.1.4 The Rental Property is subject to an order, or orders, made pursuant to or

by:

11.1.4.1 The City’s Property Standards By-law;

11.1.4.2 The Building Code Act, 1992 or any regulations made under it,

including the Building Code;

11.1.4.3 The Fire Protection and Prevention Act, 1997 S.O. 1997, c.4, as

amended (the “Fire Protection and Prevention Act, 1997”), or any

regulation made under it, including the Fire Code; or

11.1.4.4 The Medical Officer of Health.

11.1.5 The Rental Property is not in compliance with the City’s Zoning By-law, as

amended;

11.1.6 The Applicant owes any fine or fee to the City in respect of the Rental

Property; or

11.1.7 The Director has received an objection to the issuance of the license by

the Chief Building Official, the Fire Chief or Planning staff.

11.2 Where the Director has made a decision of non-issuance of a license, outlined

under section 11.1, the Director’s written notice of that decision shall be given to

the Applicant or the Licensee, in the case of a renewal, by regular mail or email

to the last known address of that Person and shall be deemed to have been

given on the third day after it is mailed. Service on a corporation can be affected

by registered mail or email to the address of the corporation’s registered head

office.

11.3 The written notice of non-issuance of a license to be given under Section 11.2

shall:

11.3.1 Set out the reasons for the decision;

11.3.2 Be signed by the Director; and

11.3.3 State that the Applicant or Licensee is entitled to a hearing by the Hearing

Officer which shall take place within thirty (30) days of the notice of

decision of the non-issuance of a license under section 11.1 if the

Applicant or Licensee delivers to the Director within ten (10) days after the

notice of decision in subsection 11.2 is served, and provides to the City

the appeal fee as set out in Schedule ‘A’ of the By-Law.

11.4 Where no appeal is registered within the required time period, the decision of

non-issuance of a license made by the Director shall be final as of the day the

decision was made.

11.5 Each license shall include, without limitation, the following:

11.5.1 The license number;

11.5.2 Date the license was issued and the date it expires;

11.5.3 The municipal address of the Rental Property;

11.5.4 The name, address, telephone number and email address of each

Licensee;

11.5.5 Where a Licensee is a corporation, the name, address and telephone

number of each director or of their duly authorized agent;

11.5.6 Where a Licensee is a partnership: the name, address and telephone

number of each partner.

11.6 Every license, at all times, is owned by and is the property of the City and is valid

only in respect of the Person and for the Rental Property name therein.

11.7 Within seventy-two (72) hours of a change in ownership for a Rental Property,

the new Owner shall provide the following to the Director in order to have a

license reissued:

11.7.1 The name, municipal address and telephone number of each Owner;

11.7.2 A copy of the Transfer/Deed evidencing the new ownership;

11.7.3 Proof of Insurance according to Sections 7.1.8. and 12.1.5. of this By-

Law;

11.7.4 A statement by each Owner certifying no changes have been made to the

floor plan, maintenance plan, parking plan, site plan, or fire plan submitted

according to Sections 8.1.1., 8.1.2., 8.1.3., 8.1.6. and 8.1.7. of this By-

Law;

11.7.5 A statement by each Owner certifying the Rental Property conforms with

Sections 7, 8, and 12 of this By-Law;

11.7.6 Each Owners signature or of any duly authorized Owner’s agent that

would bind the Owner; and

11.7.7 The prescribed fee in Schedule ‘A’.

11.8 Following a change in ownership, a reissued license under this By-Law shall

continue for the period of time for which it was originally issued.

12. LICENSE CONDITIONS

12.1 The following conditions are attached to each license issued under this By-law:

12.1.1 The Rental Unit is lawfully constructed.

12.1.2 No room within the Rental Unit shall be used as a Bedroom except a

Bedroom depicted in the floor plan submitted for the license.

12.1.3 An Owner shall notify the Director in writing within seven (7) days of any

change to any information provided pursuant to Sections 7, 8, and 9 of this

By-Law.

12.1.4 A legible copy of the license shall be posted and maintained prominently

and visibly within one (1) meter of the interior of the Rental Unit’s main

entrance door.

12.1.5 The Licensee shall maintain in good standing the following insurance

respecting Rental Property that:

12.1.5.1 Includes a limit of liability of not less than $2,000,000 (two

million dollars) per occurrence for property damage and bodily

injury;

12.1.5.2 Identifies the use as a residential Rental Unit; and

12.1.5.3 Requires that the Director be notified of any intended

cancellation by the insurer no fewer than twenty-one (21) days

prior to such cancellation;

12.1.6 The Licensee shall ensure compliance with all applicable laws including:

12.1.6.1 The Health Protection and Promotion Act (Ontario) and its

regulations, as amended;

12.1.6.2 The Electrical Safety Code, O. Reg. 164/99, as amended;

12.1.6.3 The Building Code Act, 1992 (Ontario) and its regulations, as

amended,

12.1.6.4 The City’s Comprehensive Zoning By-Law 2013-283, as

amended,

12.1.6.5 The City’s Property Standards By-Law, as amended;

12.1.6.6 The City’s (Clean Yards By-law?), as amended; and

12.1.6.7 The Niagara Region’s Waste Management By-Law, as

amended.

12.1.7 The Licensee shall comply with the maintenance plan submitted pursuant

to Sections 8.1.2. and 9.1.2.2. of this By-Law.

12.1.8 The Licensee shall ensure that no vehicle is stopped or parked on any

part of the Rental Property except within a parking space identified on the

parking plan filed pursuant to the provisions of this By-Law.

12.1.9 The Licensee shall allow, at any reasonable time and when permitted by

law, the City to inspect the Rental Property including the Rental Unit

and/or Rental Area.

12.1.10 The Licensee shall ensure that the Rental Property are not constructed

or equipped so as to hinder the enforcement of this By-Law.

12.1.11 If the Licensee is a partnership or a corporation, any change in the

composition of the partnership or of the officers and/or directors of the

corporation shall be reported to the Director within ten (10) days.

12.2 The Director may impose such additional conditions as the Director determines

are appropriate in relation to the issuance of any license at any time during the

term of the license, as are necessary in the opinion of the Director to give effect

to the purposes of this By-Law.

12.3 Where a Person is dissatisfied with any condition imposed by the Director in

relation to a license, the person may request a review by the Hearing Officer.

12.4 Notwithstanding the above, there is no right of appeal from the Director’s refusal

to exempt any Person from a condition that represents a minimum standard

prescribed by the Ontario Building Code or the Ontario Fire Code.

12.5 Every Applicant or Licensee who wishes to amend or change the terms or

conditions of an existing license shall submit a new application.

13. REVOCATION AND SUSPENSION OF LICENSES

13.1 The Director may revoke or suspend a license to carry on a Residential Rental

Business at any time where:

13.1.1. A Licensee is convicted of contravening any provision of this By-Law;

13.1.2. A Licensee is convicted of contravening any provision of the Building

Code Act; the Fire Protection and Prevention Act and the Ontario Fire

Code;

13.1.3. There are reasonable grounds for belief that an application or any other

document or information provided on behalf of the Licensee contains a

false statement or false information;

13.1.4. A Licensee breaches a condition of the license;

13.1.5. The license was issued in error;

13.1.6. The Director, acting reasonably, is of the opinion that the Residential

Rental Business being licensed poses a threat to the health and safety of

persons or property; or

13.1.7. The Director becomes aware of any fact or facts which, if known at the

time of the application, may have resulted in the Director refusing to issue

the license.

13.2 The Director may revoke or suspend a license to carry on a Residential Rental

Business for a period of time and subject to such terms or conditions that the

Director considers appropriate.

13.3 The Director, before revoking or suspending a license pursuant to Section 13.1 of

this By-law shall consider:

13.3.1. The impact of any such license revocation or suspension on any Tenant;

and

13.3.2. Imposing terms or conditions on any such license revocation or

suspension that would minimize the adverse impact on Tenants,

including the possibility of providing a reasonable time period before the

license revocation or suspension takes place to permit Tenants to find

new housing or to seek relief in a Court or before the Ontario Landlord

and Tenant Board;

13.4 The Director shall provide the Licensee notice that their Residential Rental

Business license has been suspended or revoked and provide written reasons

outlining why their license has been suspended or revoked. The Director’s

written notice of that decision shall be given to the Licensee by regular mail or

email to the last known address of that Person and shall be deemed to have

been given on the third day after it is mailed. Service on a corporation can be

affected by registered mail or email to the address of the corporation’s registered

head office.

13.5 The written notice to be given under Section 13.4 shall:

13.5.1. Set out the reasons for the decision;

13.5.2. Be signed by the Director; and

13.5.3. State that the Applicant or Licensee is entitled to a hearing by the

Hearing Officer which shall take place within thirty (30) days of the written

notice of a license being suspended or revoked if the Applicant or

Licensee delivers to the Director within ten (10) days after the notice in

subsection 13.4 is served, and provides to the City the appeal fee as set

out in Schedule ‘A’ of the By-Law.

13.6 Where the Director suspends or revokes a license for reasons related to public

health and / or safety issues, the license may be automatically suspended by the

Director until such time as a determination on the issue has been made by the

Hearing Officer, provided that:

13.6.1 Before suspending the license, the City provides the Owner with the

reasons for the suspension either verbally or in writing and an opportunity

to respond to them; and

13.6.2 The suspension shall not exceed fourteen (14) days, unless otherwise

authorized by the Director.

14. APPEAL OF THE DIRECTOR’S DECISION TO REFUSE TO ISSUE A

LICENSE, TO IMPOSE CONDITIONS OR TO REVOKE OR SUSPEND A

LICENSE

14.1 Any Person who has been denied a license, or the renewal of a license, or has

had their license suspended or revoked, or has had terms or conditions imposed

by the Director, may appeal the decision to a Hearing Officer.

14.2 The provisions of the Statutory Powers Procedure Act, R.S.O. 1990, c.S.22,

except Sections 17, 17.1 and 19 apply to all hearings conducted by the Hearing

Officer under this By-law.

14.3 When the Applicant or Licensee, who has been given written notice of the

hearing, does not attend at the appointed time and place, the Hearing Officer

may proceed with the hearing in his or her absence and the Applicant or

Licensee shall not be entitled to any further notice of the proceeding.

14.4 At the conclusion of the hearing, the Hearing Officer may give its decision orally

or in writing but in each case it shall provide its decision in writing, with reasons,

within thirty (30) days of the hearing to the Applicant or Licensee and the

Director.

14.5 The Hearing Officer may uphold or vary the decision of the Director or make any

decision that the Director was entitled to make in the first instance.

14.6 The decision of the Hearing Officer is final.

15. INSPECTION

15.1 The City may enter on land at any reasonable time for the purposes of carrying

out an inspection to determine whether or not the following are being complied

with:

15.1.1. This By-Law;

15.1.2. A direction or order issued under this By-Law;

15.1.3. A condition of a license issued under this By-Law; or

15.1.4. An order made under Section 431 of the Municipal Act.

15.2 An Inspector may, for the purpose of an inspection:

15.2.1 Require the production for inspection of documents or things relevant to

the inspection;

15.2.2 Inspect or remove documents or things relevant to the inspection for the

purpose of making copies or extracts;

15.2.3 Acquire information from any Person concerning a matter related to the

inspection; and

15.2.4 Alone or in conjunction with a Person possessing special or expert

knowledge, make examination or take test samples or photographs

necessary for the purpose of an inspection.

15.3 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 By-Law, including

carrying out an inspection.

15.4 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 Unit unless:

15.4.1 The consent of the Occupier is obtained, the Tenant or Owner 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, 2001, a warrant issued under section 439 of the

Municipal Act, 2001 or a warrant under section 386.3 of the Municipal Act,

2001;

15.4.2 An order issued under section 438 of the Municipal Act, 2001 is obtained;

15.4.3 A warrant issued under section 439 of the Municipal Act, 2001 is

obtained;

15.4.4 A warrant issued under section 386.3 of the Municipal Act, 2001 is

obtained;

15.4.5 The delay necessary to obtain an order under section 438 of the

Municipal Act, 2001 to obtain a warrant under section 439 of the Municipal

Act, 2001 or to obtain the consent of the Occupier would result in an

immediate danger to the health or safety of any Person, or,

15.4.6 The City has given notice of its intention to enter to the Occupier of the

land as required under subsection 435(2) of the Municipal Act, 2001 and

the entry is authorized under sections 79, 80 or 446 of the Municipal Act,

2001.

15.5 This By-law may be enforced by Inspectors and or a Police Officer(s).

16. PENALTIES

16.1 Every Person who contravenes any provision of this By-Law is guilty of an

offence.

16.2 A director or officer of a corporation who knowingly concurs in the contravention

of any provision of this By-Law is guilty of an offence.

16.3 Every Person, excluding a corporation, who is convicted of an offence under this

By-Law is liable to a maximum fine of $25,000.00 for the first offence and a

maximum fine of $50,000.00 for any subsequent offence.

16.4 Every corporation who is convicted of an offence is liable to a maximum fine of

$50,000.00 for a first offence and a maximum fine of $100,000.00 for any

subsequent offence.

16.5 If this By-Law is contravened and a conviction entered, in addition to any other

http:100,000.00http:50,000.00http:50,000.00http:25,000.00

remedy and to any penalty imposed by this By-Law, the court in which the

conviction has been entered and any court of competent jurisdiction thereafter

may make an order:

16.5.1. Prohibiting the continuation or repetition of the offence by the person

convicted; and

16.5.2. Requiring the Person convicted to correct the contravention in the

manner and within the period that the court considers appropriate.

17. GENERAL

17.1. If any term of this By-Law or the application thereof shall to any extent be invalid

or unenforceable, the remainder of this By-Law and / or the application of such

term to circumstances other than those to which it is held invalid or

unenforceable, shall not be affected thereby and each term of this By-Law shall

be separately valid and enforceable to the fullest extent permitted by law.

17.2. If there is a conflict between a provision of the By-Law and a provision of any

other City By-Law, then the more restrictive provision shall apply.

17.3. The obligations imposed by this By-law are in addition to obligations otherwise

imposed by law or by contract.

17.4. The following schedule shall form part of this By-Law:

Schedule ‘A’ – Fees

18. DATE OF ENACTMENT

This By-Law shall come into force and effect on the _ day of __, 2018.

Read and passed this day of 2018.

CLERK MAYOR

2OHRC advises municipalities to: Response:

1. Consider the Ontario Human Rights Code before drafting the bylaw and refer to the Code in the bylaw.

OHRC was considered prior to drafting the by-law and staff will ensure the Code is referred to in the final draft of the bylaw.

2. Consult with Code-protected groups

Public consultation, which includes Code-protected groups.

3. Make sure that meetings about the by-law do not discriminate.

This has been ensured, and will be in future meetings.

4. Roll out the by-law in a consistent, nondiscriminatory way.

Public consultation and wide circulations is a priority of the development of the bylaw.

5. Work to secure existing rental stock.

The by-law is designed to improve the condition of current rental units. The process is to be designed to ensure that staff assist landlords in meeting the required standards for application to mitigate any potential loss of units.

6. Avoid arbitrary bedroom caps.

No bedroom caps are proposed as part of the by-law.

7. Avoid gross floor area requirements that exceed the Building Code.

No gross floor area requirements are proposed as part of the by-law.

8. Eliminate per-person floor area requirements.

No per-person floor area requirements are proposed as part of the by-law.

9. Eliminate minimum separation distances.

No minimum separation distances are proposed as part of the by-law.

10. Enforce the by-law against the property owner, not the tenants.

The property owner is responsible for all requirements of the by-law, not the tenants.

11. Protect tenants in cases of rental shut down.

Flexibility is given to the Director to consider the effects on the tenants prior to choosing to revoke a license from the landlord who is not in compliance.

12. Monitor for impacts on Code groups.

A monitoring program is proposed as a function of the process. It will include monitoring of vacancy rates, unit numbers, and average rent costs.

13. Make sure licensing fees are fair.

Consideration was given to ensure that licensing costs will not result in overly burdensome rent increases.

3St. Catharines (CY) — Historical Structure Type 2006 to 2016 Renters

Single-Detached Semi-Detached Row Duplex Low-Rise Apt. High-Rise Apt. Other Total Total Excluding Apart. 2006 1,985 735 2,065 1,245 6,065 4,580 245 16,925 6,275 2011 2,370 640 2,115 1,075 6,160 4,675 115 17,155 6,315 2016 2,915 880 2,180 1,365 6,760 4,735 125 18,960 7,465 2017

Notes Where band housing is present, total dwelling counts are larger than the sum of owned and rented dwellings. Other dwellings comprise other single-attached houses, mobile homes, and other movable dwellings. Low-rise refers to apartments in buildings with fewer than 5 storeys High-rise refers to apartments in buildings with 5 or more storeys Source CMHC, adapted from Statistics Canada (Census of Canada and National Household Survey)

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Complaints: Totals by Area

N.T.S.

Louth

Total: 26

(0.73%)

North 2

Total: 370

(10.34%)

North 1

Total: 327

(9.13%)

North 3

Total: 493

(13.77%)

Central 3

Total: 505

(14.11%)

West 1

Total: 131

(3.66%)

East

Total: 616

(17.21%)

South

Total: 325

(9.08%)

West 2

Total: 337

(9.41%)

Central 1

Total: 184

(5.14%)

Central 2

Total: 237

(6.62%)

Planning

& Building

Services

AutoCAD SHX TextHIGHWAY 406

AutoCAD SHX TextQUEEN ELIZABETH WAY

AutoCAD SHX TextHIGHWAY 406

AutoCAD SHX TextHIGHWAY 406

AutoCAD SHX TextHIGHWAY 406

AutoCAD SHX TextQUEEN ELIZABETH WAY

100%

90%

80%

70%

60%

50%

40%

30%

20%

10%

0%

West1

South

East

West2

Louth

North3

North2

North1

Central1

Central2

Central3

Animal Business Drainage Excavation Fence Graffiti Grasses Hawkers Land Pigeon Property Rodent Waste Zone Land Lic. Repair Standards Use

5Application Submitted • Fee • Application form and

requirements • Self-certification checklist • Parking plan • Fire safety plan • Property management plan • Local contact information

Application Reviewed • Information will be

circulated to appropriate departments and reviewed

Complete Incomplete

Resubmission • Outstanding

information/fee submitted

Inspections Conducted • By-law enforcement staff

will arrange and conduct inspections

No Violations Violations

License Decision • Conditions