Don't miss the upcoming licensing seminars!

New Rental Licensing Information

Effective April 1, 2012, the City of Waterloo has instigated a new Rental Licensing policy for all residences in the City. This just impacts properties in the City of Waterloo, not the other cities and towns in the Region.

Those wanting to apply for a licence on April 1, 2012 should contact the Electrical Safety Authority in advance to arrange for inspection and obtain their certificate.  Electrical Safety Authority can be contacted at www.esasafe.com or by calling 1 877-372 7233. 

Applications for rental license can include passed ESA certificates completed within 6 months of submission.

If you have any further questions please contact the City of Waterloo 519-747-8587 or at rental@waterloo.ca.  Information on your local Heating, Ventilation, and Air Conditioning contact will be available in the upcoming weeks.

The City of Waterloo is hosting 15 workshops to assist with those wishing to apply for a residential rental licence. The application and any additional forms are available on the City of Waterloo website at http://www.waterloo.ca/rhlr

 

Lions Room 200, Waterloo Memorial Recreation Complex
101 Father David Bauer Drive, Waterloo

Tuesday February 14, 2012

Wednesday February 15, 2012

Thursday, February 16, 2012

Tuesday, February 28, 2012

Wednesday, February 29, 2012

Sessions run each day from 1 p.m. to 3 p.m., 4 p.m. to 6 p.m. and 7 p.m. to 9 p.m.

Space is limited to 30 participants per session. Register for the session that you'd like to attend ASAP. Registration will be on a first-come, first-served basis. You must be registered to attend.

To register, email rental@waterloo.ca. www.waterloo.ca/rhlr

 

Residential Rental Bylaw and Program
Frequently Asked Questions
June 2011

Q: What is the timeline for implementing the new bylaw?
A: The following chart indicates key activities prior to and after the introduction of the new bylaw on April 1, 2012.

Q: How do I know if I need a licence?
A: Any individual who is renting out a low-rise residential unit in Waterloo will require a residential rental licence.

Q: Does the licence have to be renewed?
A: Yes, licences must be renewed every April 1st.  

Q: When can I apply for a licence?
A:  The new residential rental licensing bylaw comes into effect on April 1, 2012. All individuals registered to receive updates will be e-mailed a reminder notice in advance of this date.

Q: How will the minimum distance separation (MDS) requirement impact me today and after April 1, 2012 when the new bylaw comes into effect?
A: To understand the impact of the minimum distance separation requirement on your rental unit, you will need to know what zone your unit is in and what the requirements are for that zone. Current zoning and MDS requirements stipulated for each zone have not changed as a result of the new rental bylaw. To determine the current impact, follow these steps:

1. Determine the zoning of your rental unit by checking the zoning bylaw web page (http://www.waterloo.ca/desktopdefault.aspx?tabid=2385).
2. Determine the MDS requirements for your rental unit’s zone as follows:

Q: Will my current rental unit comply with the new rental licensing bylaw?
A: If you have more than three people in your rental unit, you will have to comply with the minimum distance separation requirements under the zoning bylaw (see above). Completed applications will be received and processed on a first come and first served basis and should circumstances change and as new rental units become licensed in your zone, your unit may be impacted by the MDS requirement.  

Q: I have an existing lodging house that is currently licensed under the lodging house program. Do I need to do anything as a result of the new rental licensing bylaw?
A: Yes. As of April 1, 2012 the existing lodging house bylaw will be repealed. You will need to apply for a residential rental housing licence after April 1, 2012 and comply with all requirements stipulated as part of that licence. In addition, you will also need to have a completed application in before June 30, 2012 in order to take advantage of the grandfathering clause of this new bylaw. 

Q: What do I need to do to ensure I am in compliance with the safety requirements of the new rental licensing bylaw?
A: According to the new bylaw, before a licence can be granted or renewed the property must conform to the following: 

• City of Waterloo zoning bylaws
• Ontariobuilding code
• Ontariofire code
• Ontarioelectrical safety code
• City of Waterloo property standards bylaw
• City of Waterloo lot maintenance bylaw

Q: What are the costs associated with the application?
A: A fee schedule will be proposed to Waterloo city council on June 20, 2011. These fees will be posted after they are approved by council. 

Q: How will applications be processed on or after April 1, 2012?
A:  Applications will be processed in the order they are received. Only complete applications with all the required information will be processed. If an application is rejected due to incompleteness it will not be processed until complete. Training and support will be available to assist individuals with the proper completion of the application form.

In addition, it is important to note that the minimum distance separation requirements stipulated in the zoning bylaw may impact your rental unit if another application in a similar zone is received and processed prior to your application. 

Q: Can I apply online or in person?
A: The goal is to have both an online application service as well as a paper application. As well there will be training and education both online and face to face through various application workshops scheduled to be held beginning in February, 2012.

Q: Can I transfer the new residential rental housing licence if I sell my rental unit?
A: No. If you sell your rental unit, you will need to notify the bylaw division. The residential rental licence is not transferable. The new owner will need to apply to the city for a licence.

Q: If I have a recognized accessory apartment, will it continue to be recognized under the new rental licensing bylaw and program?
A: Yes, it will continue to be recognized, however, you will be required to apply for a licence under the new bylaw and program.

Summary of Licence Fees

Fees for Townhouses in Block Ownership

CLASS “A” LICENCE

RENTAL UNITS THAT ARE NOT COVERED BY ANY OTHER CLASSES

1. In addition to the requirements set out in this by-law, Class “A” Rental Units shall comply with the following provisions:

(a) Each Bedroom shall be a minimum of seven (7) square metres peroccupant.

(b) The number of Bedrooms shall not exceed four (4).

(c) No more than forty per cent (40%) of the Rental Unit’s Gross Floor Areashall be comprised of Bedrooms.

(d) No room within the Rental Unit may be used as a Bedroom, except where a Bedroom has been depicted on the licence application, which was submitted to the City.

2. Notwithstanding section 1(b) of this Schedule, if, on the date this by-law comes into force and effect, one or more written leases have been entered into permitting five (5) occupants in a Rental Unit, the number of Bedrooms permitted in the Rental Unit shall equal five (5) so long as section 4 of this Schedule is complied with..

3. Notwithstanding section 1(c) of this Schedule, if, on the date this by-law comes into force and effect, or within three (3) months thereafter, a Rental Unit:

(a) has Bedrooms which comprise more than forty per cent (40%) of the Rental Unit’s Gross Floor Area; and,

(b) is in compliance with all applicable federal or provincial legislation and regulations as well as all City by-laws and the number of Bedrooms does not exceed four (4); then the Rental Unit may continue to have Bedrooms which comprise more than forty per cent (40%) of the Rental Unit’s Gross Floor Area, so long as section 4 of this Schedule is complied with.

4. To obtain an exemption under sections 2 or 3 of this Schedule, the Owner shall, within three (3) months of this by-law coming into force and effect:

(a) apply for and obtain a Class “A” licence and include in the licence application an exemption application in the form prescribed by the

Director of By-Law Enforcement; and,

(b) pay the applicable fee pursuant to the City’s Fees and Charges By-Law.

5. Section 2 of this Schedule shall expire and be of no force or effect after December 31, 2012.

6. An exemption under section 3 of this Schedule shall be immediately rendered null and void and cease to be of any force or effect if:

(a) the Class “A” licence expires pursuant to section 4.6 of this by-law; or,

(b) the percentage of the Rental Unit’s Gross Floor Area comprised of Bedrooms increases following the date this by-law comes into force and effect.

7. All Class “A” Rental Units shall comply with all federal or provincial legislation or regulations, including the Ontario Human Rights Code, as well as all municipal by-laws, including any applicable Zoning By-Laws.

CLASS “B” LICENCE

OWNER OCCUPIED RESIDENTIAL RENTAL PROPERTIES

1. In addition to the requirements set out in this by-law, Class “B” Rental Units shall comply with the following provisions:

(a) Each Bedroom for Rent shall be a minimum of seven (7) square metres per occupant.

(b) The number of Bedrooms for Rent in a Rental Unit shall not exceed four (4).

(c) No more than fifty per cent (50%) of the Rental Unit’s Gross Floor Area shall be comprised of Bedrooms.

(d) No room within the Rental Unit may be used as a Bedroom, except where a Bedroom has been depicted on the licence application, which was submitted to the City.

(e) The Building in which the Rental Unit is situated shall be OwnerOccupied.

2. Notwithstanding section 1(b) of this Schedule, if, on the date this by-law comes into force and effect, one or more written leases have been entered into permitting five (5) occupants in a Rental Unit, the number of Bedrooms for Rent in the Rental Unit shall equal five (5) so long as section 4 of this Schedule is complied with.

3. Notwithstanding section 1(c) of this Schedule, if, on the date this by-law comes into force and effect, or within three (3) months thereafter, a Rental Unit:

(a) has Bedrooms which comprise more than fifty per cent (50%) of the Rental Unit’s Gross Floor Area; and,

(b) is in compliance with all applicable federal or provincial legislation and regulations as well as all City by-laws and the number of Bedrooms for Rent does not exceed four (4); then the Rental Unit may continue to have Bedrooms which comprise more than fifty per cent (50%) of the Rental Unit’s Gross Floor Area, so long as section 4 of this Schedule is complied with.

4. To obtain an exemption under sections 2 or 3 of this Schedule, the Owner shall, within three (3) months of this by-law coming into force and effect:

(a) apply for and obtain a Class “B” licence and include in the licence application an exemption application in the form prescribed by the

Director of By-Law Enforcement; and,

(b) pay the applicable fee pursuant to the City’s Fees and Charges By-Law.

5. Section 2 of this Schedule shall expire and be of no force or effect after December 31, 2012.

6. An exemption under section 3 of this Schedule shall be immediately rendered null and void and cease to be of any force or effect if:

(a) the Class “B” licence expires pursuant to section 4.6 of this by-law; or,

(b) the percentage of the Rental Unit’s Gross Floor Area comprised of Bedrooms increases following the date this by-law comes into force and effect.

7. All Class “B” Rental Units shall comply with all federal or provincial legislation or regulations, including the Ontario Human Rights Code, as well as all municipal by-laws, including any applicable Zoning By-Laws.

CLASS “C” LICENCE

RENTAL UNITS WITH FIVE (5) OR MORE BEDROOMS

1. In addition to the requirements set out in this by-law, Class “C” Rental Units shall comply with the following provisions:

(a) All Class “C” Rental Units shall:

(i) operate as, and be deemed to be, “boarding houses”, “lodging houses” or “rooming houses” for the purposes of Part 9 of the Fire

Code (Ontario Regulation 213/07, as amended);

(ii) shall comply with the requirements of Part 9 of the Fire Code (Ontario Regulation 213/07, as amended) relating to “Boarding,

Lodging and Rooming Houses”, as if they were “boarding houses”, “lodging houses” or “rooming houses” to which Part 9 of the Fire

Code applies;

(iii) operate as, and be deemed to be, “boarding, lodging or rooming houses”, as defined in the Building Code;

(iv) shall comply with the requirements of the Building Code as if they were “boarding, lodging or rooming houses”, as defined in the

Building Code;

(v) operate as and be deemed to be a “lodging house” for the purposes of the applicable Zoning By-Law; and,

(vi) shall comply with the requirements of the applicable Zoning By-Law, as if it was a “lodging house” under that Zoning By-Law.

(b) All Class “C” Rental Units shall comply with all federal or provincial legislation or regulations, including the Ontario Human Rights Code, as well as all municipal by-laws, including any applicable Zoning By-Laws.

(c) The Building area shall not exceed six hundred (600) square metres and the Building shall not exceed three (3) storeys in height.

(d) Any Kitchen or bathroom shall not be for the exclusive use of any individual Tenant

(e) There shall be no more than two (2) bathrooms, no more than (1) Kitchen and no less than five (5) Bedrooms.

(f) Each Bedroom shall have a door that is capable of being locked.

(g) There shall be written leases with only one (1) Tenant per lease, unless the Tenant is under the age of sixteen (16) years, in which case a parent or guardian may execute a lease on their behalf.

(h) No Bedroom shall have a working water distribution system installed which would convey water to or from a Bedroom.

(i) Each Bedroom in a Rental Unit shall be a minimum of seven (7) square metres per occupant.

(j) No room within a Rental Unit may be used as a Bedroom, except where a Bedroom has been depicted on the licence application, which was submitted to the City.

CLASS “D” LICENCE

RECOGNIZED LODGING HOUSES

1. In addition to the requirements set out in this by-law, Class “D” Rental Units shall comply with the following provisions:

(a) Class “D” licences shall only be granted to those Rental Units which had valid lodging house licences issued under City By-Law No. 00-140 on the date this by-law was passed by Council.

(b) A person who had a valid lodging house license under City By-Law No. 00-140 for a Rental Unit shall apply within three (3) months of this by-law coming into force and effect for a Class “D” license or else they shall not be entitled to apply for a Class “D” license.

(c) Class “D” licences shall not be renewed should:

(i) the Class “D” licence expire pursuant to section 4.6 of this by-law;

or,

(ii) the use of the Rental Unit changes at any time.

(d) Once a Class “D” licence has expired, no person may thereafter apply for, or otherwise renew, a Class “D” licence in respect of the Rental Unit.

(e) The number of Bedrooms permitted in the Rental Unit shall be no greater than the number of persons permitted to inhabit the Rental Unit under the lodging house licence most previously issued under City By-Law No. 00- 140.

(f) No room within a Rental Unit may be used as a Bedroom, except where a Bedroom has been depicted on the licence application which was submitted to the City.

2. All Class “D” Rental Units shall comply with all federal or provincial legislation or regulations, including the Ontario Human Rights Code, as well as all municipal by-laws, including any applicable Zoning By-Laws.

SCHEDULE 5

CLASS “E” LICENCE

TEMPORARY RENTAL UNIT

1. In addition to the requirements set out in this by-law, Class “E” Rental Units shall comply with the following provisions:

(a) A Rental Unit shall only be licensed for a period of up to thirty six (36) months and its licence shall not be renewed by the City. A subsequent Class “E” licence shall not be granted thereafter unless the Rental Unit has been Owner Occupied for a period of at least two (2) full years following the last expiry of a Class “E” licence by the City.

(b) No room within a Rental Unit may be used as a Bedroom, except where a Bedroom has been depicted on the licence application, which was submitted to the City.

2. All Class “E” Rental Units shall comply with all federal or provincial legislation or regulations, including the Ontario Human Rights Code, as well as all municipal by-laws, including any applicable Zoning By-Laws.

Information provided courtesy of the City of Waterloo.