Community and Protective Services Committee

BE IT RESOLVED that the Community and Protective Services Committee approve that the meeting time be extended past 7:00p.m. pursuant to Subsection 8.(1)(c) of Procedure By-law 2019-8.

That the Community and Protective Services Committee Recommend Council Direct Planning, Infrastructure and Economic Development Department staff to provide in the consultation and report that is to accompany the temporary use zoning by-law outlined in the report, a further provision, also on a temporary three year basis, that will permit short term rentals: a) in a secondary dwelling unit where the primary unit is occupied by the person with the permit for the short-term rental in the secondary dwelling unit or, b) in a solely residential use building of three dwelling units or less, in a second dwelling unit within the residential use building where another unit is occupied by the person with the permit for the dwelling unit being used for the purposes of the short-term rental

WHEREAS clause1(f) of Section 1 of Ontario Regulation 583/06, as amended, passed under the Municipal Act, 2001 , states that the municipality does not have power, in a business licensing by-law, “ to provide for a system of licenses with respect to businesses trading in real estate ”; AND WHEREAS Subsection 1(2) of Regulation 583/06 provides that, in clause 1(f), the term “trade” is to have the same meaning as in section 1 of the Real Estate and Business Brokers Act, 2002, which defines “trade” as including “ a disposition or acquisition of or transaction in real estate by sale, purchase, agreement for purchase and sale, exchange, option, lease, rental or otherwise and any offer or attempt to list real estate for the purpose of such a disposition, acquisition or transaction, and any act, advertisement, conduct or negotiation, directly or indirectly, in furtherance of any disposition, acquisition, transaction, offer or attempt, and the verb “trade” has a corresponding meaning ”; AND WHEREAS these provisions would therefore appear to impose an impediment to the City’s implementation of a system of business licenses for real estate rentals and related real estate activities; AND WHEREAS the existence of such an impediment would seem contrary to the Province’s intention to allow municipalities to implement business licensing schemes for residential rentals, as evidenced by the amendments made to the Municipal Act, 2001 regulations in 2006; AND WHEREAS it is important to clarify t

WHEREAS the City regulates Rooming Houses through building, fire, health, licensing, property standards and zoning requirements, with those requirements currently including a 1:5 ratio of washroom facilities to tenants, and no requirement for the rooming house operator to provide certain kitchen amenities; AND WHEREAS the staff report on the Rental Accommodations Study and Regulatory Regime is not proposing any regulatory changes with respect to Rooming Houses, citing concerns about additional potential cost impacts to rooming house operators and residents of any increased requirements for rooming house facilities including potential renovation costs; AND WHEREAS, (a) the washroom facilities to tenant ratio should be 1:4; (b) kitchen amenities should include one microwave oven and one stove top, with one set of such appliances for every 4 tenants; and, (c) one functioning mini-refrigerator for each Rooming House unit; AND WHEREAS, the Community and Social Services Department is undertaking a review of the Ontario Renovates Program in Q1 2020, which may include funding, of the $2.4 million currently available ($1.2 million for each of 2021 and 2022), that could potentially be used to support the renovation of kitchen and washroom facilities in Rooming Houses, in accordance with provincial guidelines; BE IT RESOLVED that the Community and Protective Services Committee recommend that Council direct the General Manager of Emergency and Protective Services to review and report bac

WHEREAS the report dated September 23, 2019 entitled “Regulation of Long-Term Rental Accommodations” by Maclaren Municipal Consulting Inc. states as follows at Recommendations 4 and 5, respectively: “The City of Ottawa should initiate regulation and registration for rental housing with 10 or fewer dwelling units in mid-density residential zones (generally R4 and R5) where a high volume of by-law violations continues, and enhanced proactive enforcement is not an adequate response. As a pilot, regulation should be enacted in the areas of Sandy Hill and Vanier. The trial should be evaluated after two years, comparing results against other mid-densityneighbourhoods. Based on the findings, the regulatory regime could be cancelled, revised, or made permanent, and consideration could be given to extending the regime to otherneighbourhoods facing similar challenges if the regulatory approach is found to be successful”; THEREFORE BE IT RESOLVED that Council direct the General Manager of Emergency and Protective Services to review and report back to Community and Protective Services Committee in Q1 2020 on the feasibility of developing a registration-based regulatory regime for residential housing provider, not owner occupied, with 2 or more dwelling units and no more than 4storeys in the areas of Sandy Hill and Vanier on the basis of establishing a pilot, stemming from recommendations by Maclaren Municipal Consulting Inc. in the report entitled “Regulation of Long-Term Rental Accommod