Take notice that a virtual Special Committee of the Whole Meeting will be held on Wednesday, May 11, 2022, at 7:00 p.m. regarding Short Term Rental Accommodations in the Township of Tiny.
Council has directed Township Municipal Law Enforcement Officers to operate on a zero tolerance mandate (ie. No Warnings) relative to repeat by-law infraction issues related to short term rentals where evidence supports a charge against the landowner and the renter.
Property owners renting their property and adjacent neighbour(s) are encouraged to discuss any rental concerns they may have with each other and must be aware of all applicable Townships By-laws. It is advisable that each neighbour exchange their contact information to continue dialogue on any concerns that may arise in the future. Those affected by a Short Term Rental may wish to also contact the listing rental company and understand their Rental Standards and Feedback process.
For more information regarding Short Term Rentals, read the Short Term Rental Information (PDF) brochure.
The following additional information is provided for your assistance:
At the Special Committee of the Whole Meeting on May 11, 2022, Council reviewed various reports on this matter (agenda link) and recommendations.
At the March 21, 2022, Regular Meeting of Council reviewed and received correspondence dated March 17, 2022, and March 18, 2022, from Conner Harris, Rayman Beitchman LLP, representing numerous property owners in the Township of Tiny, including a member of the Short-Term Rental Accommodation Task Force
The matter of short-term rentals is top of mind to both Council and staff. At the August 11, 2021, meeting, Council appointed a Short-Term Rental Task Force to prepare an overall short-term rental regulation framework including Official Plan policies and zoning regulations. The Task Force will be developing both land use planning and licensing regulations for short-term rentals and these will be presented to Council once they have been drafted.
The Short-Term Rental Accommodation Task Force is comprised of up to four (4) non-elected citizen members [two (2) Short-Term Rental Property Owners and two (2) Non-Short-Term Rental Property Owners], the Chief Administrative Office as Chair, and two (2) elected members. Staff Representation will include a staff member from the By-law, Planning, and Fire Departments.
The objectives of the Task Force are as follows:
- To review the current short-term rental situation in the Township of Tiny and its impacts.
- To review the proposed Short-Term Rental Accommodation Licensing By-law and Renter’s Code of Conduct and to provide input and feedback.
- To review potential Official Plan and Zoning Regulations as part of the overall Short-Term Rental Regulation framework.
- To report to the Township of Tiny Council on findings and recommendation(s) as a result of the comprehensive review.
At the August 11, 2021 Committee of the Whole meeting, Council reviewed Short-Term Rentals Legal Opinion – PUBLIC IN NATURE, Sarah Hahn – Barriston Law, dated August 11, 2021. Subsequently, Council approved Resolution #374/21 at the August 11, 2021 Council meeting that the legal opinion be made available to the public and for circulation to the Short Term Rental Accommodation Task Force.
At the August 11, 2021 Committee of the Whole meeting, Council reviewed Short-Term Rental (STR) Planning Opinion, Jamie Robinson - MHBC Planning, dated August 11, 2021.
At the June 30, 2021 Committee of the Whole meeting, Council reviewed Planning and Development Report PD-030-21 regarding Short Term Rentals and Zoning By-law Regulations. Subsequently, Council approved Resolution #296/21 at the June 30, 2021 Council meeting that staff be directed that the Short-Term Rental Task Force Terms of Reference include potential Official Plan policies and zoning regulations as part of the overall Short-Term Rental regulation framework; AND THAT staff obtain a detailed planning and legal opinion on Zoning By-law regulations in terms of short-term rentals to assist the Task Force accordingly.
At the June 30, 2021 Committee of the Whole meeting, Council reviewed Municipal Law Enforcement Report MLE-029-21 regarding Short-Term Rental – Task Force Terms of Reference and selection process. Subsequently, Council approved Resolution #293/21 at the June 30, 2021 Council meeting that staff be directed that staff be directed to proceed with the Terms of Reference as amended and to advertise for Task Force members accordingly; AND THAT Councillors Cindy Hastings and Tony Mintoff be appointed as Council representation.
At the June 9, 2021 Committee of the Whole meeting, Council reviewed Municipal Law Enforcement Report MLE-021-21 regarding Short-Term Rental Accommodation Licensing By-law (Draft), Task Force & Enforcement Options. Subsequently, Council approved Resolution #269/21 at the June 9, 2021 Council meeting that staff proceed with the drafting of a Terms of Reference and the selection process for a Task Force for consideration at the June 30, 2021 Committee of the Whole Meeting; AND FURTHER THAT OPP paid duty be used accordingly to assist with enforcement related to short term rentals as per the Strict Enforcement Policy in the interim.
Additionally, Council approved Resolution #270/21 at the June 9, 2021 Council meeting that WHEREAS a Zoning By-law Amendment in relation to the regulation of short-term rentals was considered at the June 9, 2021 Committee of the Whole Meeting and deemed time sensitive in nature; NOW THEREFORE BE IT RESOLVED THAT staff report back on a proposed Zoning By-law Amendment to regulate short term rentals, to include enforcement and LPAT implications for the June 30, 2021 Committee of the Whole Meeting;
At the April 28, 2021 Committee of the Whole meeting, Council reviewed Municipal Law Enforcement Report MLE-018-21 regarding Short-Term Rental Survey and Feedback. Subsequently, Council approved Recommendation #215/21 at the April 28, 2021 Council meeting that staff be directed to draft a Short-Term Rental Licencing By-law and code of conduct, along with a report regarding the development on a short-term rental task force including representation and possible stricter enforcement options, for consideration at the May 19, 2021 Committee of the Whole Meeting.
Recommendation #215/21 Approved April 28, 2021
At the February 24, 2021 Committee of the Whole Meeting, Council received a presentation from Samantha White, Granicus re: Host Compliance (Short Term Rentals). Additionally, Council reviewed Municipal Law Enforcement Report MLE-006-21 regarding Short Term Rental Licencing. Subsequently, Council approved Resolution #92/21 at the February 24, 2021 Council meeting directing staff to:
- To proceed with the development and distribution of a public survey, including distribution to the various beach associations;
- To proceed with the drafting of a short term licensing by-law including a Renter's Code of Conduct after the public consultation process has been completed;
- To report back on next steps for the Summer of 2021 program with an implementation target date for the end of May;
- That Granicus – Host Compliance as a third party sole source provider not be utilized at this time;
- To continue the Strict Enforcement Policy approach at this time which targets the specific concerns raised while maintaining a cost effective response to this subject.
At the November 30, 2020 Committee of the Whole Meeting, Council received a presentation from Michael Wynia, Skelton, Brumwell & Associates Inc. re: Short Term Accommodations. Subsequently, Council approved Resolution #363/20 at the December 21, 2020 Council meeting:
At the June 15, 2020 Committee of the Whole meeting, Council reviewed the various Power Point Presentations provided at the March 12, 2020 County of Simcoe Short-Term Rental Workshop. The County material was discussed in conjunction with the FoTTSA information and Recommendation #128/20.
At the May 25, 2020 Committee of the Whole meeting, Council received a Deputation from Lynne Archibald, FoTTSA re: Short Term Rentals. At the June 15, 2020 Committee of the Whole meeting council discussed the FoTTSA presentation. Subsequently, Council approved Recommendation #128/20 at the July 6, 2020 Council meeting recommends that staff report back on a framework for registration and a licencing policy for short-term rentals, in conjunction with the Municipal Accommodation Tax.
At the October 16, 2019 Committee of the Whole meeting, Council reviewed Municipal Law Enforcement Report MLE-036-19 regarding Short Term Rental Properties. Subsequently, Council approved Recommendation #302/19 at the October 28, 2019 Council meeting directing staff to report back on what other Ontario municipalities are doing to regulate short-term rental properties with the aim to:
- Increase affordable housing;
- Increase municipal revenue through licensing/regulation;
- Decrease community disruption as a result of short term rentals;
AND FURTHER THAT the report include estimates of costs associated with implementing a licensing and regulation program.
The Township of Tiny does not currently regulate Short Term Rentals. Council understands that traditionally many residents seasonally rent their cottage/dwellings or lend them to family and friends during the summer months, which has been the common practice for decades. Based on the Township's 2011 legal opinion and more recently the Township’s 2021 legal and planning opinions, the Zoning By-law does not prohibit the use of a Dwelling Unit (Example: entire Cottage or Home) for any length of rental (Example: short term or long term). The rental must be based on rental of the full dwelling unit only. A room rental would be deemed similar to a Bed and Breakfast, Boarding House, or Motel which is only permitted on properties with the specific zoning permissions to allow said use. The Zoning By-law information is available on our website for review by clicking on the Zoning By-law Link.
If you have a question about the Zoning By-law please call 705-526-4204.
The requirements for the sizing of onsite sewage systems are in the Ontario Building Code. The Code states that for residential dwellings the size of a sewage system is based on the number of bedrooms, finished area of the dwelling and the number of plumbing fixtures.
If there is a concern that a sewage system is malfunctioning anyone can contact the Township office and the complaint will be investigated. In addition to investigating complaints all sewage systems that are more than 10 years old are inspected every 6 years as part of the Sewage System Re-inspection Program. Here is a link to more information about the program: Septic System Re-Inspection Program.
The program was undertaken to encourage regular maintenance of sewage systems through mandatory inspections. Every sewage system requires regular maintenance to ensure it is operating efficiently and safely.
The Township of Tiny Noise By-law is available for download by clicking on the Noise By-law 21-028 Link. It is recommended that property owners renting their property may wish to post a copy of the Township Noise By-law or provide each renter with a copy when explaining the property rules. In the past, this has been extremely effective in ensuring voluntary compliance. A few by-law highlights include:
- The Noise By-law is in effect 24 hours a day;
- Loud music, yelling and shouting is prohibited;
- Fines range from $300.00 to $100,000.00 OR SUMMONS to appear in Court;
- Both the renter and property owner will be charged for any violations.
Click on the link to access more information regarding Noise Complaints in Tiny.
In order to have an Open Fire (campfire) on a property a Fire Permit must be obtained. The Terms and Conditions of the fire are outlined on the back side of the Permit. Before you set a fire it is your responsibility to know if a Fire Ban is in effect by calling 705-526-4204 / www.tiny.ca. The following link will bring you to the Application Form and applicable details. A few by-law highlights include:
- Fail to obtain a Fire Permit $365.00 fine;
- Fire during Fire Ban or winds velocity over 20km/hr $180.00 fine;
- Fines range from $180.00 to $5,000.00 OR SUMMONS to appear in Court;
- Both the renter and property owner will be charged for any violations.
Residents may obtain Parking Permits to park at our various beach access or may be necessary for on-street parking if allowed in your area. Special Occasion Parking Permits are available for unique situations to provide residents with special exemptions. Please visit our Parking Information webpage for more details. A few by-law highlights include:
- Parking in Prohibited area $90.00 fine;
- Resident Parking Permits and Special Occasion Permits are available online;
- Parking along most shoreline roads is Prohibited or requires a Township of Tiny Resident Parking Permit.