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3650-2023 License & Regulate Short Term Rentals

3650-2023 License & Regulate Short Term Rentals

BEING A BY-LAW TO LICENSE AND REGULATE THE OPERATION OF SHORT-TERM RENTALS

Passed by Council September 11, 2023

AMENDED March 11, 2024 by By-Law 3696-2024


THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3650-2023
BEING A BY-LAW TO LICENSE AND REGULATE THE OPERATION OF SHORTTERM
RENTALS

WHEREAS the Municipal Act, 2001, (‘Municipal Act’) provides the powers of a
municipality under this or any other Act shall be interpreted broadly so as to confer
broad authority on the municipality to enable the municipality to govern its affairs as it
considers appropriate and to enhance the municipality’s ability to respond to municipal
issues;

AND WHEREAS pursuant to the Municipal Act, a municipality has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its authority
under this act or any other Act;

AND WHEREAS pursuant to the Municipal Act, a municipality has the authority to
implement business licensing in the interest of health and safety, well-being of persons,
consumer protection and nuisance control;

AND WHEREAS the Municipal Act enables a municipality to pass By-Laws for imposing
fees or charges for permits and services provided or done by them;

AND WHEREAS pursuant to the Municipal Act, a municipality has the authority to
impose a system of administrative penalties and fees as an additional means of
encouraging compliance with this By-Law;

AND WHEREAS the Municipal Act permits a municipality to pass By-Laws providing
that the municipality may enter on land at any reasonable time for the purpose of
carrying out an inspection to determine compliance with a By-Law direct, Order or
License; 

AND WHEREAS the Municipal Act provides that if a municipality is satisfied that a
contravention of a By-Law of the municipality passed under this Act has occurred, the
municipality may make an order requiring the person who contravened the By-Law or
who caused or permitted the contravention or the owner or occupier of the land on
which the contravention occurred to discontinue the contravening activity;

AND WHEREAS the Council of the Township of Augusta considers it advisable that
such licensing, regulation and governing takes place with regard to short-term rentals as
defined in this By-Law;

AND WHEREAS pursuant to the Municipal Act, Council is exercising its authority to
provide for a system of licenses with respect to short-term rental businesses;

NOW WHEREAS the Council of the Corporation of the Township of Augusta hereby
enacts as follows:

1.Short Title

This By-Law may be cited as the “Short-Term Rentals Licensing By-Law”.

2 Definitions

The following definitions apply to this By-Law:

“Accessory Building” means a detached subordinate building or structure that,
is devoted exclusively to a use normally incidental to the main use of the property;
is not used for human habitation;
is on the same lot as the main building, and an accessory building includes a farm
building.

“Secondary Suite/Additional Residential Unit” means a self-contained accessory unit
having cooking and sanitary facilities which is located within a Single Detached, Semi
Detached, Townhouse dwelling unit or located in a separate individual dwelling unit on
the same lot or located within an accessory building on the same lot as the main
residential use. A secondary suite is a subordinate residential use to the existing
primary dwelling unit.

“Bed & Breakfast Establishment” means a private dwelling designed to be used in part
for the accommodation of the travelling or vacationing public, containing therein six (6)
or fewer suites or guest rooms.

“Building” means any structure used or intended for sheltering any use or occupancy.
The word “building’ shall include the whole of such structure or part thereof and shall
include any building types as regulated by the Ontario Building Code Act.

“Building Code” means the regulation made under Section 34 of the Building Code Act,
1992, SO. 1992, c.23, and amended.

“Building Code Act” means the Ontario Building Code Act, 1992, 5.0. 1992, c.23, as
amended.

“Business, Short-Term Rental” shall mean the business of making or attempting to earn
revenue by engaging in or by advertising the availability of a Shod-Term Rental dwelling
unit for a fee charged or other goods and valuable consideration.

“Clerk” means the person or his/her designate as appointed by the Council of the
Township of Augusta.

“Council” means the Council of the Township of Augusta.

“Director” means the Director in charge of the By-Law Enforcement Officer of the
Township of Augusta or an authorized representative.

“Disturbance” means an event where an action has commenced with respect to
nuisance, and/or noise.

“Dwelling, Principal Residence” means a dwelling that is owned or rented alone or jointly
with other person(s) or a corporation, where the person(s) is ordinarily a resident and
has designated the dwelling as their principal place of residency on their income tax
filing and in other government records. This may include a long-term tenant residing for
a minimum of 6 consecutive months.

“Dwelling Unit” means a suite operated as a single housekeeping unit, used or intended
to be used as a domicile by one (1) or more persons and usually containing cooking,
eating, living, sleeping, and sanitary facilities. For the purposes of this By-Law, a
dwelling unit does not include a tent, trailer, or a room or suite of rooms in a boarding or
rooming house, a hotel, motel, or motor home.

“Fee” means as set out in the Township Fees and Charges By-Law, as amended.

“Fire Protection and Prevention Act” mean the Fire Protection and Prevention Act, 1997,
as amended, and the regulation enacted thereunder as amended from time to time, or
any act or regulation enacted in substitution, therefore.

“Guest Room” means a room or suite of rooms used or maintained for the
accommodation of individuals to whom hospitality is extended for compensation.

“Inspector” means a property standards officer, building inspector, or any other person
appointed to enforce this By-Law, and includes the term Officer.

“License” means the certificate or other similar document issued pursuant to this By-Law
as proof of licensing under this By-Law.

“Licensed” means to have in one’s possession a valid and current License issued under
this By-Law and unlicensed has the contrary meaning.

“Licensee” means the person or business issued a License under this By-Law to
operate a Short-Term Rental.

“Officer” means a property standards officer who has been assigned or appointed by the
Township of Augusta as a Property Standards Officer and/or a Municipal Law
Enforcement Officer to either administer or enforce this By-Law and includes a building
inspector for the Township of Augusta or their designate.

“Owner” includes,

a) the person managing or receiving the rent of the land or premises, whether on
the person’s own account or as an agent or trustee of any other person, or who
would receive the rent if the land and premises were let; and,
b) the licensee or occupant of the property who, under the terms of a license, is
required to repair and maintain the property in accordance with the standards for
maintenance and occupancy of a property.

“Parking Area” shall mean an area or structure, other than a street, used or intended to
be used for the temporary storage of motor vehicles and includes a private garage or
carport, aisles, driveways, and parking spaces.

“Proof of Placement of Insurance” means a copy of a policy of insurance or a Certificate
of Insurance that shows the proof of liability coverage as required by this By-Law issued
by a company authorized to carry on the business of insurance in the Province of
Ontario in accordance with the Insurance Act, and such insurance policy shall contain
an endorsement to provide the Township with thirty (30) days prior written notice of
cancellation or of a material change that would diminish coverage;

“Property” means a building or structure, or part of a building or structure, and includes
the lands and premises accessory thereto and all mobile structures, mobile buildings,
mobile homes, outbuildings, fences, retaining walls, landscaping, walkways, and
erections thereon and includes vacant lands.

“Renter” means the person, who has obtained entitlement to exclusive use of the Short-
Term Rental unit from the Licensee.

“Responsible Person” means the owner, or an agent assigned by the owner or Licensee
of the Short-term Rental unit to ensure the Short-term Rental is operated in accordance
with the provisions of this By-Law, the license, and applicable laws.

“Short-Term Rental” or “STR” shall mean a dwelling unit, that in a whole or in part, is
rented or available with the intention of financial compensation for an occupancy period
of 30 consecutive days or less, by way of a township license, but does not include a
hotel, motel, boarding or lodging house, tourist establishment, tourist lodge, tourist
outfitters establishment, tourist trailer or bed and breakfast establishment.

“Township/Corporation” means the Corporation of the Township of Augusta.

“Zoning By-Law” means the Township of Augusta Comprehensive Zoning By-Law, as
amended from time to time.

3. Interpretation

  1. Words or phrases contained herein, and which are not defined by this By
    Law, are firstly to be assigned the definition or meaning attributed to them
    in the applicable Zoning By-Law and, tailing such a definition or meaning,
    the everyday meaning of such word or phrase.

4 General Regulations

4.1 No person shall carry on any trade, business, or occupation of short-term
rental for which a license is required under this By-Law if the license
has expired or been revoked; or, while the license is under suspension.

4.2 A person is not eligible to hold a license if the proposed use of the
land, building or structure is not permitted by the Zoning By-Law that
applies to the property.

4.3 A person is not eligible to hold a license unless the person has
provided a statement prepared by the Fire Chief dated within a period of
24 months of the date of application for license indicating that the
premises conforms to the Fire Protection and Prevention Act and its
regulations as they relate to the operation and use of the premises for
short- term rental purposes with such statement indicating the occupant
load for sleeping purposes for the premises.

4.4 The determination of whether a certificate from the Electrical Safety
Authority dated within a period of 24 months of the date of application for
license indicating that the premises conforms to the Electrical Safety
Code, will be determined by Fire and the. Building Department.

4.5 A person is not eligible to hold a license if the person is indebted to the
Township in respect of fines, penalties, judgments, or any other amounts
owing, including awarding of legal costs and disbursements and
outstanding property taxes and late payment charges against all properties
owned by the owner.

4.6 A person is not eligible to hold a license if the property to be used for
carrying on the trade, business or occupation does not conform with
applicable Federal and Provincial Law and Regulations or all applicable
Township By-Laws.

4.7 The owner shall keep a record of the renter with such a record
containing the date of entry, the length of stay, home address of the renter
readily available for inspection at all times by an Officer for a period of one
year.

4.8 The owner shall display the license permanently in a prominent place
in the short-term rental premises to which it applies.

4.9 Each license shall include the following:

(a) Building/site/location address/identifier (i.e., Emergency or 911
Number);
(b) License number;
(c) Effective date and expiry date of the license;
(d) Owner’s name and contact information;
(e) Rental agent or agency’s name and contact information;
(f) Responsible person’s name and contact information; and,
(g) A plan, that is plaqued or framed, that depicts the location of each
bedroom, smoke alarm, extinguisher and exit/egress door or
window.
(h) Fire Safety Plan approved by the Fire Chief

4.10 The owner of a short-term rental premises shall ensure that there is a
responsible person available to attend to the short-term rental premises at
all times within a period of no greater than one hour from the time of 
contact by way of telephone or email.

4.11 The owner of a short-term rental premises for which a license is
required under this By-Law shall allow, at any reasonable time, an
employee, designate, or agent of the Township to inspect the premises
used for the purposes of short-term rental to determine compliance with all
applicable Township By-Laws or other applicable law.

4.12 No person shall obstruct, hinder, or otherwise interfere with an
authorized employee or agent of the Township while carrying out an
investigation, making inquiries, or performing an inspection for the
purposes of enforcing this By-Law or any other Township By-Law or
Provincial legislation or regulation.

4.13 No person shall construct or equip a place of business or premises
used for the business to hinder the enforcement of this By-Law.

4.14 Every owner shall maintain the short-term rental premises in a clean
and sanitary condition, with adequate measures for the storage and
disposal of garbage and waste and sufficient levels of illumination to
permit the safe use of the premises. For the purposes of this subsection,
adequate measures for the storage and disposal of waste shall mean a
self-enclosed building, structure, or container, located outside of the shortterm
rental premises, which is of a sufficient size that will store the
garbage and waste generated by the premises until such garbage and
waste is disposed of.

4.15 Every owner who is a licensee of lands owned by others shall report
the short-term rental use of those licensed lands to the landowner. (i.e.,
licensed waterfront access).

4.16 Every licensee shall ensure that the short-term rental premises is
operated and used in a fashion such that the operation or use will not
cause a disturbance or become a public nuisance, in particular regarding
noise, traffic or parking, and shall not change the residential character of
the dwelling.

4.17 Every licensee (or agent) shall provide an undertaking (schedule E or
F) to operate the short-term rental premises in accordance with all
applicable Township By-Laws. Further, every licensee shall include in
such undertaking a confirmation that they will require that each renter
abide by the Township Renter’s Code of Conduct referred in Schedule “G”.

4.18 No licensee or employee of a licensee shall discriminate in the
carrying on of the trade, business, or occupation of short-term rental
against any member of the public on the basis of race, ancestry, place of
origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age,
marital status, family status or disability.

4.19 The Director or designate may revoke a license if it was issued on
mistaken, false, or incorrect information.

5. Application

5.1 The requirements of this By-Law apply to the trade, business, or
occupation of providing short-term rentals within the geographical limits of
the Township of Augusta as of the date this By-Law comes into effect.

5.2 Persons who own, operate, or offer a premises for short-term rentals
as of the effective date of this By-Law must obtain an application for a
license under this By-Law. (schedule B)

5.3 The determination of whether a license application is “complete” in
accordance with the requirements of this By-Law shall be within the sole
discretion of the Director.

5.4 Every application for a new license or a renewal of an existing license
shall be submitted to the Township on the forms prescribed. (schedule B)

5.5 Every application for a new license or a renewal of an existing license
shall include:

a) each owner, applicant and/or agent’s name, address, telephone
number, facsimile transmission number and e-mail address;

I. the rental agent’s or agency’s name, address and
telephone number;

II. in the instance of a corporation or partnership, the
name, address and telephone number of each director
and officer or partner of the Owner and/or rental agent
or agency;

Ill. the name, address, telephone number and e-mail
address of a person who has been assigned by the
owner or operator to be the responsible person for the
operation and conduct of the inhabitants of the
licensed short4erm rental premises;

b) a copy of the transfer/deed evidencing the ownership of the
premises;

c) in the instance of an applicant or agent acting on behalf of the
Owner, an Owner’s written authorization permitting the applicant or
agent to act on their behalf;

d) a statement from the Owner certifying the accuracy, truthfulness,
and completeness of the application;

e) proof of placement of insurance specific to the rental nature of the
property that includes a limit of liability of not less than Five Million
Dollars ($5,000,000.00) per occurrence for property damage and
bodily injury and includes provisions that the Township will be
notified of any intended cancellation by the insurer no fewer than
(30) days written notice prior to such cancellation or of a material
change that would diminish coverage and the Township named as
additional insured;

f) floor plans and a site plan, drawn to scale and fully dimensioned, of
the short-term rental premises depicting the use of the premises
including the proposed occupancy of each room; occupant load for
sleeping purposes of each room; location of smoke/carbon
monoxide detection and early warning devices; location of fire
extinguishers, and related site amenities including parking,
landscaping and other buildings or structures on the land;

g) Good Neighbours Agreement (Schedule C)

h) A site plan detailing parking, storage of vehicles, while maintaining
access for emergency vehicles at all times, and in compliance with
the Zoning By-Law;

i) the prescribed fees; and, (schedule H)

j) any outstanding fees or fines owed to the Township by the Owner
respecting any short-term rental premises.

5.6 A licensee shall inform the Township of any changes to the information
provided in Section 5.5 within a period of 30 days.

5.7 Every application for a license will be reviewed by the Director to
determine whether it meets the requirements of this By-Law.

5.8 As part of the review referenced at Section 5.5 the application will be
circulated to those agencies deemed necessary and/or relevant by the
Director.

5.9 The applicant shall cooperate and facilitate in arranging the inspection
of the premises of any agency that may require an inspection of the
premises in a timely manner and shall be in attendance during the
inspection. In the instance of the requirement of the payment of fees for
such an inspection, the applicant shall pay the fees as required prior tci the
inspection.

5.10 If it is determined that an application meets the requirements of this
By-Law and all circulated agencies, the Director shall issue the license.

6. License Requirements

6.1 No person shall carry on any trade, business, or occupation of
providing short-term rentals unless that person has first obtained a license.

6.2 A person who obtains a license shall comply with the regulations set
out in this By-Law for such license. Failure to comply with the regulations
constitutes an offence.

6.3 An agent of persons who own, operate or offer a premises for short-term
rentals purposes without a license shall also be personally liable for
the compliance of the principal, beneficiary or persons they represent.
Failure by such a person to comply with this By-Law constitutes an
offense.

6.4 Licenses issued pursuant to this By-Law are conditional upon
compliance by the licensee with all Municipal, Provincial and Federal Laws
and Regulations and any conditions imposed to the holder of the license.

7. Administration

7.1 The Township is responsible for the administration and enforcement of
this By-Law.

7.2 If it is determined that an application does not meet the requirements
of this By-Law and the requirements of all of the circulated agencies, the
Director shall refuse the issuance of the license.

7.3 A license shall be issued to the owner of the short-term rental
premises.

7.4 A license is valid for the duration of one (1) calendar year period
defined as January 1 to December 31.

7.5 All Fees and Charges are in accordance with the Township Fees &
Charges By-Law, as amended.

7.6 A licensee is not eligible for the renewal of a license unless the
licensee has provided an application form.

7.7 A license is not transferable.

7.8 No person shall enjoy a vested right in the continuance of a license.

7.9 Licenses shall remain the property of the Township.

7.10 If at any time the Director determines because of evidence that is
provided that the operation of a licensed short-term rental premises does
not conform to the requirements of this By-Law, the Director may fine
under the Provincial Offences Act as referenced in Schedule “I.”

7.11 If at any time the Director determines as a result of evidence that is
provided that the operation of a licensed short-term rental premises does
not conform to the requirements of this By-Law, the Director may
commence with proceedings pursuant to the Provincial Offences Act.

7.12 Decisions of the Director as they relate to a license refusal and
provincial offences fines are final and not appealable to Council.

7.13 Applications for license and issued licenses, along with the legal
description and/or emergency number and associated owner, agent,
applicant, and responsible person contact information will be posted to the
Township’s website.

7.14 Matters, notices, orders, and communications related to a non
compliance under a Federal or Provincial Law or Regulations or all
applicable Municipal By-Law are not appealable to council.

8. Offence and Penalty Provisions

8.1 Any person who contravenes any provision of this By-Law is guilty of
an offence and, upon conviction, is subject to a fine as provided in the
Municipal Act, 2001, as amended, or the Provincial Offences Act and to
any other applicable penalties.

8.2 If this By-Law is contravened and a conviction entered, the court in
which the conviction has been entered and any court of competent
jurisdiction thereafter may, in addition to any other remedy and to any
penalty that is imposed, make an order prohibiting the continuation or
repetition of the offence by the person convicted.

8.3 If this By-Law is contravened and a conviction entered, the court may
also order that the premises or part of the premises be closed to any use
as short-term rental.

9. Penalties

9.1 An Officer who finds that a person has contravened any provision of
this By-Law may issue a provincial offences notice addressed to that
person.

9.2 Any person who contravenes any provision of this By-Law shall, upon
issuance of a penalty notice pursuant to Section 9.1 be liable to pay to the
Township a fine set out in Schedule I of this By-Law.

9.3 The offences notice shall be given to the person to whom or to which it
is addressed as soon as is reasonably practicable and shall include the
following information:

(a) Particulars of the contravention, including to which property it
applies;

(b) The amount of the provincial offences fine;

(c) Information respecting the process by which the person may
exercise the person’s right to request a review of the fine; and,

(d) A statement advising that provincial offences fine will, unless
modified or rescinded pursuant to the review process, constitute a
debt to the Township.

9.4 A fine that is deemed to be affirmed constitutes a debt to the Township
of each person to whom or to which the penalty notice was given.

9.5 A provincial offence fine that is not paid may be added to the tax roll to
the property to which it applies and collected in the same manner as taxes.

10. Validity

10.1 If a court of competent jurisdiction declares any provision, or any
part of a provision, of this By-Law to be invalid, or to be of no force and
effect, it is the intention of Council in enacting this By-Law that each and
every provision of this By-Law authorized by law be applied and enforced
in accordance with its terms to the extent possible according to law.

10.2 If any portion of this By-Law is found in conflict with any other
applicable Township By-Law or regulations that provision which
establishes the higher standard shall prevail.

11. THAT Schedules A — I shall form part of this By-Law.

12. The Clerk may make such amendments that are minor in nature and do not
change the intent of the By-Law.

14. This By-Law comes into force and effect as of January 1, 2024.

Read a first, second, and third time and finally passed this 11th day of September
2023.

Signed by Mayor Jeff Shaver and Clerk Annette Simonian

 

BY-LAW 3650-2023
SCHEDULE A
PRE-INSPECTION CHECKLIST

The checklist below will help you prepare for your Short-Term Rental licensing
inspection. The checklist outlines some of the basic requirements that need to be met in
order to be licensed under the Township of Augusta By-Law No. 3650-2023. Please be
advised that it is your responsibility to ensure all requirements under the applicable By
Laws are met.

All Short-Term Rentals must meet all applicable By-Law requirements prior to receiving
a license.

Pre-inspection Checklist

ALL ROOMS FOR RENT:

  • Walls and ceilings are reasonably smooth, free from defects and holes that would
    reduce their effectiveness in a fire situation.
  • Floor surfaces are reasonably smooth and do not unnecessarily contribute to a
    potential accident, for example nail sticking up, floorboards loose, ripples in carpets, etc.
  • Electrical outlets and switches have adequate covers and electrical fixtures, or lamps
    are provided.
  • Operable window present for ventilation/light and equipped with a suitable insect
    screen.
    Access door provides privacy and operates freely without the use of a key to exit.

ELECTRICAL PANEL:

  • Breakers are operational and the breaker panel is labelled.

FIRE SAFETY:

  • All smoke alarms, either battery operated or hard wired, shall be interconnected, on
    every floor level and in every bedroom shall be in working order.
  • Carbon monoxide detector alarms shall be in working order within each bedroom or
    outside hallway serving bedrooms.
  • All smoke and carbon monoxide alarms shall be tested at least monthly, and batteries
    replaced semi-annually. All alarms must be replaced as per manufacturers
    recommendations, or at a minimum every 10 years for alarms and 5 for carbon monoxide
    alarms. Records of all maintenance must be maintained.
  • Electrical cords are in good working condition.
  • All escape routes are clear of obstructions and easily accessible.
  • Clothes dryer lint trap and exhaust is clean and lint free.
  • All extension cords are for temporary use only, used safely, not under carpets or across
    walking areas.
  • Portable space heaters are a minimum of 3 feet away from combustible material.
  • The furnace has been inspected and the filter replaced in the past year.
  • The fireplace chimney has been WETT (Wood Energy Technical Transfer) inspected
    and cleaned in the past year.
  • All portable fire extinguishers with a minimum 2A-1OBC rating shall be made available,
    with one visibly mounted on each floor area, and one in the kitchen. All extinguishers shall
    be inspected and tagged annually.
  • Any bedroom door with an automatic door closer must ensure that the door properly
    closes and latches properly.
  • Valid burn permit issued by Augusta Fire Rescue.
  • Electrical panels shall be labelled and only be serviced by a licensed electrician.
  • Sprinkler systems shall be inspected annually if applicable.
  • Fire alarm systems shall be inspected annually if applicable.
  • Establish rules for smokers. If you permit smoking inside, use large, sturdy ashtrays
    that can’t be easily tipped over. Ashtrays should be emptied into a metal container, not
    the garbage can.
  • If you use candles, keep them away from anything that can burn and place them in a
    safe, sturdy glass holder. Place them where they cannot be knocked over and blow
    them out when leaving the room.

LICENCING REQUIREMENTS:

  • A copy of the Township approved floor plan with all exits marked on it posted in a
    conspicuous area (The plan is not to be posted in a binder or folder).
  • Daily register/guest form is current.

MEANS OF EGRESS/EXITS:

  • A safe continuous and unobstructed passage is provided from the interior of the
    dwelling to the outside at street or grade level is provided.

PARKING AREAS:

  • Kept in good repair and free clutter (including the garage if used for parking)

POOL AREAS:

  • Gates is self-closing and self-latching.
  • Gates have locks.
  • Pool is fenced in.
  • In accordance with the Pool & Fence By-Law.

STAIRS, PORCHES, AND BALCONIES:

  • All steps, handrails, guards, and landings are in reasonably good repair and will not
    likely create a hazard (i.e., Free of holes, cracks and other defects which may constitute
    an accident hazard).
  • Stair treads or risers are in good condition.
  • Stairwell is clear of clutter and provides for an unobstructed passage.
  • Interior stairs with two or more risers have a handrail.
  • Exterior stairs with three or more risers have a handrail.

UTILITY AREAS:

  • Area around the furnace is free of clutter, waste combustibles, and flammable liquid.
  • Hot water tank is free of rust and other visible defects and has a downspout pressure
    relief valve extending to 6” above the floor.

WASHROOMS FOR GUEST USAGE:

  • Is separate from the owner’s washroom.
  • A water toilet basin and tub or shower have been provided and are reasonably clean
    and in good condition.
  • Fixtures are reasonably clean, impervious to water and capable of performing their
    intended function.
  • Floors, walls, and ceilings are reasonably smooth and clean (i.e., Free from mold and
    mildew).
  • Operable windows are provided for ventilation; or where no window is present an
    exhaust fan and electrical fixture has been provided.

BY-LAW 3650-2023
SCHEDULE B
APPLICATION TO LICENSE SHORT TERM RENTALS
Licensing period beginning January 2024

APPLICATION TO LICENSE SHORT TERM RENTALS form

APPLICATION TO LICENSE SHORT TERM RENTALS form page 02

• Note: If a property is leased. a signed statement from the property owner giving
permission for the property to operate as a short-term rental must be provided.

I/We do declare that all the information submitted with this application is true and understand that it
will take a minimum of two (2) weeks for this application to be processed. All application By-Laws,
and requirements, have been read and are understood, pertaining to the operation of a short-term
rental.

I/We further give permission for Fire and By-Law Inspectors, and if required, Building Inspectors and
the Leeds, Grenvifle, and Lanark District Health Unit, to enter the residence for the purpose of
inspecting for compliance with the Township’s By-Laws and regulations.

I/We confirm that the Renter Code of Conduct will be posted and/or made available to each Renter.

RENEWAL APPLICATIONS

I/We confirm that the floor plans and site plan on file for this short-term rental are still accurate and
no changes have been made to the room layouts.

SIGNATURE OF REGISTERED OWNER                                                        DATE

SIGNATURE OF REGISTERED OWNER                                                        DATE

APPLICATION TO LICENSE SHORT TERM RENTALS

APPLICATION TO LICENSE SHORT TERM RENTALS form

BY-LAW 3650-2023
SCHEDULE C
SHORT-TERM RENTAL GOOD NEIGHBOUR AGREEMENT

This agreement made this ______ day of 20_____

Regarding Short Term Rental License# __________________________

WHEREAS______________________________  (the “Licensee”):

•Wishes to demonstrate to The Township of Augusta and the Residents of
Augusta their effort to be a responsible short4erm rental accommodation
operator within the Township;
• Recognizes their role as a responsible operator and neighbour within the
community and agrees to work with the Township and its departments to
resolve all concerns;
•Wishes to promote The Township of Augusta as a vibrant, safe, and attractive
community forthe enjoyment of everyone, including residents, visitors,
• businesses, and their workers;
‘Recognizes that non-compliance with the Short-Term Rental Good
Neighbour Agreement may be brought to the attention of the Township and
may trigger an enforcement investigation and/or revocation of license:
• Recognizes that short-term rental operators have a civic responsibility to
address the conduct of their patrons; and other Township By-Laws that
require certain standards of conduct and maintenance, apply to their
properties used for short-term rental accommodations;
• Recognizes that should the Licensee’s license be suspended or cancelled
and any short-term rental accommodation bookings and/or nuisance
incidents pertaining to the operation of a short-term rental accommodation
continue to occur and remain unresolved, the Township may exercise its
power to pursue additional enforcement action including increasing fines
and/or legal injunctive action;

AND WHEREAS the Township wishes to:

  • Commend the Licensee for their recognition of their civic responsibilities.
    and commitment to fostering a good working relationship with the Township
    and the Licensee’s neighbours.
  • Demonstrate its commitment to early resolution of disputes with the
    Licensee in relation to this Agreement whenever possible.

NOW THEREFORE in conjunction with and in consideration of obtaining,
continuing to hold, or renewing a short-term rental license, the Licensee
covenants and agrees with the Township to comply with the regulations set
out in By-Law No. 3650-2023.

IN WITNESS WHEREOF the parties have executed this agreement in the
Township of Augusta, Province of Ontario, this _____ day of ___________________ 20___

Signed by the Licensee  and a Township of Augusta Representative

BY-LAW 3650-2023
SCHEDULE D
ACKNOWLEDGEMENT
Short Term Rentals

Short Term Rental Address:___________________________________________

I/We_______________________________________ understand that:

(1) I/we are not permitted to rent rooms and/or advertise on any website until the
License is issued.
(2) Nothing herein allows a Licensee to rent rooms other than those identified on
the license and approved on the floor plans submitted with the application.
(3) The Licensee may be held responsible for behavioral contraventions by
tenants and guests with the Township’s Noise and Public Nuisance By
Law and Good NeighbourAgreement.
(4) License fees are due by December 31st each year.
(5) The Licensee is responsible for forwarding a copy of the Certificate of
Insurance, as per Section 5 (e) of By-Law No. 3650-2023 on an annual
basis.

Expiry date of policy _____________________________________

(6) The Licensee is responsible for renewing the one (1) year license upon
expiry.
(7) The Licensee shall be responsible for informing the Township in writing of any
changes to the approved information contained within the application or any
deviation to the approved plans within seven (7) days of such change or
deviation.
(8) The submission of false or misleading information will void the application and
any license issued on such an application may be revoked.
(9) The Township By-Law Enforcement Officer, Building Inspector and Fire Chief
or designate is empowered, upon presentation of proper credentials, to enter
onto land at any reasonable time to inspect any building, structure or property
for the purposes of carrying out an inspection to determine whether the By
Law or a notice or an order issued is being complied with.

I/We understand that any breach of this acknowledgement, provisions of By-Law No. 3650-
2023 as amended, any other Township By-Laws or regulations may result in the Short-Term
Rental License being revoked or suspended.

I/We have read and signed, per applicable: By-Law No. 3650-2023
Renter Code of Conduct
Good Neighbour Agreement

Signature(s):

Licensee                                                                           Witness

Dated this _______ day of _______________________________ 20_____

BY-LAW 3650-2023
SCHEDULE E
AUTHORIZATION
Short Term Rentals

AUTHORIZATION Short Term Rentals form

BY-LAW 3650-2023
SCHEDULE F
LEASE STATEMENT
Short-Term Rentals

LEASE STATEMENT Short-Term Rentals form

BY-LAW 3650-2023
SCHEDULE G
Renter Code of Conduct
Short-Term Rental

1. Premise of this Code
The premise of this Code is that the short-term rental premises are, for the most
part, located in residential neighbourhoods and that the residents of these
neighbourhoods have the right to enjoy their own properties without being
imposed upon by nuisance from others.

2. Objectives of this Code
The objective of this Code is to establish acceptable standards of behavior for
renters, and their guests, to minimize any adverse social or environmental impacts
on their neighbours and neighbourhood.

3. Residential Area
The Renter acknowledges for themselves and on the behalf of others that they will
be occupying a short-term rental accommodation that is located in a residential
area.

4. Guiding Principles
The Guiding Principles for short term rental renters are:
• The premise that you are occupying is a home;
• Treat the premise as your own;
• Respect your neighbours; and,
• Leave it as you find it.

5. Maximum number of Renters and Guests:
a) The maximum number of occupants within a dwelling that is being operated as
a short-term rental shall not exceed a total number of 12, based upon two (2)
persons per bedroom.
b) The number of non-occupying guests permitted at a short-term rental premises must
not be such that it may conflict with the residential neighbourhood or amenity.
c) The residential occupancy of any recreation vehicle, trailer, mobile, or other
outdoor temporary camping accommodation is prohibited unless use is
otherwise permitted in the zoning by-law,

6. Noise and Residential Compliance
No person shall make noise so as to cause a disturbance or conduct
themselves in a way that is likely to disturb area residents.
Examples of noise that is likely to disturb residents include:
a) Loud music;
b) Outdoor or backyard gatherings involving excessive noise;
c) Late or early hour disturbances; and,
d) Yelling, shouting, singing and loud conversations.
Please be advised that the Township of Augusta Nuisance By-Law, as amended.
is in effect 24 hours a day, 7 days a week.

The Nuisance By-Law prohibits; sound or vibration at any time, which is likely
to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of the
inhabitants of the Township.

Renters and their guests are not allowed to disturb neighbours or interfere with
their enjoyment of their properties, or the public realm, at any time of the day or
night. Failure to comply with the conditions of the Townships Nuisance By-Law
may result in legal action.

Please enjoy your stay in the Township of Augusta but have consideration for
others.

7. Functions and Parties
a) Short term rental renters are not to host commercial functions;
b) So called ‘party houses” conflict with residential amenity and are not permitted;
and,
c) Any gathering, celebration or entertainment at a short-term rental
accommodation premise must not conflict with residential amenity and must
comply with all the other requirements of this Code and the Township of Augusta
By-Laws.

8. Access and Parking
Please familiarize yourself and your guests with the approved parking plans for the
premises so as to ensure ease of access with minimum disturbance to other
residents or neighbouring properties.
All short-term rental premises will have vehicle parking limits, please refer to the
approved plans for the premises.

9. Recycling and Garbage
Please familiarize yourself and your guests with the guidelines and provisions that
have been made for waste management.

BY -LAW 3650-2023
THE SHORT-TERM RENTAL BY-LAW
SCHEDULE H – FEES

SCHEDULE H - FEES

PART 1 PROVINCIAL OFFENCES ACT
BY -LAW 3650-2023
THE SHORT-TERM RENTAL BY-LAW
SCHEDULE I – FINES

SCHEDULE I - FINES

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