Committee - Corporate Services Agenda Preview — July 9, 2026

Summary

One-sentence summary: The July 9, 2026 Committee - Corporate Services agenda includes Agenda Preview Committee - Corporate Services.

The July 9 meeting at 5:30 PM invites discussion on reports CR-26-067 and CR-26-068 regarding updates to the Property Standards By-law and introduction of a Vital Services By-law, which propose replacing outdated heating rules with new standards ensuring landlords provide essential utilities without interruption. Staff suggest considering enforcement timelines that shorten durations where residents previously faced up to 19 days without warmth while introducing fines between $500 and $1,000 for violations like improper utility shut-offs or unfair service charges aimed at protecting vulnerable households without assuming final approval of these measures. The agenda further explores collaborative management policies where subject-matter experts lead reviews to ensure regulations align with community realities before deletion of obsolete controls such as snowmobile bans occurs. Potential consideration extends to prohibiting vacancy-based building closures and mandating hard-surface driveways, secure outdoor refrigerator locks, capped unused wells, odor-controlled compost heaps, termite shields on exterior walls, safe exit routes free of snow/ice, heating rooms reaching 20°C when outdoors hit -21°C, and prompt mould remediation as essential hazard containment strategies, alongside inspections that respect dwelling privacy unless evident contraventions exist.

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2 CALL FOR ADDITIONAL BUSINESS

CALL FOR ADDITIONAL BUSINESS

3 DECLARATIONS OF INTEREST

DECLARATIONS OF INTEREST

4 CONFIRMATION OF MINUTES

CONFIRMATION OF MINUTES
4.a
Minutes of the Corporate Services Committee meeting held on June 11,

Attachment: 2026-06-11 Corporate Services Committee Meeting Minutes.pdf
Source: https://pub-owensound.escribemeetings.com/filestream.ashx?DocumentId=53047

Minutes
                               Corporate Services Committee


                                  June 11, 2026, 5:30 p.m.
                   City Hall - 808 2nd Avenue East - Council Chambers

MEMBERS PRESENT: Chair Suneet Kukreja
                 Vice Chair Melanie Middlebro'
                 Councillor Travis Dodd (via video)
                 Member Daniel Fletcher
                 Councillor Carol Merton
                 Member Greg Milburn
                 Member Franklin Morais

MEMBERS
ABSENT/REGRETS:          Member Monica Dale
                         Member Neil McCutcheon

STAFF PRESENT:        Kate Allan, Director of Corporate Services
                      Briana Bloomfield, City Clerk
                      Jason Hoffman, Manager of Corporate Services
                      Lee-Anne Kazarian, Licensing and Marriage Coordinator
                      Lauren Stewart, Purchasing and Claims Coordinator
                      Desiree van Dijk, Information and Privacy Coordinator
                      Christina McLean, Committee and Executive Support
                      Coordinator
     _____________________________________________________________________
1.     CALL TO ORDER
       Chair Kukreja called the meeting to order at 5:30 p.m.
2.     CALL FOR ADDITIONAL BUSINESS
       There was no additional business.
3.     DECLARATIONS OF INTEREST
       There were no declarations of interest.




                                                 1
4.   CONFIRMATION OF MINUTES
     4.a   Minutes of the Corporate Services Committee meeting held on May 7, 2026

           CR-250611-001
           Moved by Vice Chair Middlebro'

           "THAT the Corporate Services Committee approves the minutes of the
           meeting held on May 7, 2026."
                                                                                       Carried.
5.   DEPUTATIONS AND PRESENTATIONS
     There were no deputations or presentations.
6.   PUBLIC FORUM
     There were no questions or comments from the public.
7.   CORRESPONDENCE RECEIVED FOR WHICH DIRECTION IS REQUIRED
     There were no correspondence items presented for consideration.
8.   REPORTS OF CITY STAFF
     8.a   Clerks

           8.a.1 Report CR-26-059 from the Information and Privacy Coordinator Re: Bill
                 97 Impacts on MFIPPA Legislation

                    The Information and Privacy Coordinator provided a PowerPoint
                    presentation respecting the impacts from Bill 97 on the Municipal Freedom
                    of Information and Protection of Privacy Act (MFIPPA) legislation.

                    In response to a question from Committee, Ms. van Dijk noted that the
                    requests from the Owen Sound Police Service for surveillance footage are
                    not significantly impacted by the privacy portion of the legislation as the
                    cameras don't typically pick up any personal information.

                    In response to a question from Committee, Ms. van Dijk noted that all
                    Freedom of Information (“FOI”) requests primarily come through her
                    position, as well as with support from the City Clerk and Manager of
                    Legislative Services.

                    In response to a question from Committee, Ms. van Dijk noted that the
                    new timelines will not impact the amount of work to be completed, but that
                    they will allow the work to be completed over a longer period of time. She
                    added that this could result in added pressure or frustration from
                    requesters as information may not be provided as quickly as it was before
                    the changes.



                                              2
      In response to a question from Committee, Ms. van Dijk noted that there
      will be increased communication with requesters to inform them of the
      number of ongoing requests and the changes to the legislated timelines.

      In response to a question from Committee, the City Clerk noted that the
      internship program that the City applied for could help provide additional
      support for the implementation of the new privacy requirements, and that
      other potential options will be considered if the City is not successful in
      receiving an intern.

      CR-250611-002
      Moved by Vice Chair Middlebro'

      "THAT in consideration of Staff Report CR-26-059 respecting the
      impacts of the Plan to Protect Ontario Act (Budget Measures), 2026
      (Bill 97) on the Municipal Freedom of Information and Protection of
      Privacy Act (MFIPPA), the Corporate Services Committee
      recommends that City Council receive the report for information
      purposes."
                                                                          Carried.
      The Information and Privacy Coordinator left the meeting.

8.a.2 Report CR-26-060 from the City Clerk Re: 2025 Licensing, Marriage, and
      Commissioning Overview

      The City Clerk provided a PowerPoint presentation respecting the 2025
      licensing, marriage, and commissioning overview.
      In response to a question from Committee, the City Clerk noted that the
      next annual update report can include additional information on staff time
      required for licensing, marriage, and commissioning services.
      CR-250611-003
      Moved by Councillor Merton

      "THAT in consideration of Staff Report CR-26-060 respecting the
      2025 licensing, marriage, and commissioning overview, the
      Corporate Services Committee recommends that City Council
      receive the report for information purposes."
                                                                          Carried.
      The City Clerk and Licensing and Marriage Coordinator left the meeting.




                                 3
8.b   Corporate and Facility Services

      8.b.1 Report CR-26-061 from the Purchasing and Claims Coordinator Re:
            Procurement Policy

            The Purchasing and Claims Coordinator provided a PowerPoint
            presentation respecting the Procurement Policy update.

            In response to a question from Committee, Ms. Stewart noted that City
            staff have attended meetings with other municipal procurement
            professionals to better understand the local pressures and impacts from
            the provincial directive, which has helped all municipalities to learn about
            how the changes will be implemented.

            In response to a question from Committee, Ms. Stewart noted that
            templates for the reporting of the changes have not been received from
            the province at this time, so it is not yet clear how compliance will be
            monitored or audited.

            In response to a question from Committee, Ms. Stewart noted that the bi-
            annual purchasing summary report that comes to Committee will include
            information on purchases that are no longer presented separately to
            Council, and added that projects that are either over $250,000 and not
            within budget, or are over budget by 20% or more, would still be presented
            to Council separately.

            In response to a question from Committee, Ms. Stewart noted that the
            weighted criteria pertaining to Ontario and Canada made goods, services
            and vendors is specifically an option that could be added for all open
            competitive bids, and a 10% weighting would be applied for invitational
            competitive bids.

            In response to a question from Committee, Ms. Stewart noted that if
            Ontario or Canadian made goods are not available, staff would have to be
            able to justify and provide reasoning for the process, and that a consultant
            or procurement expert may be used to support this work. She added that
            currently this justification isn't required to be presented to Council.

            In response to a question from Committee, the Director of Corporate
            Services clarified that when a project is over budget, the overage is
            typically funded from the capital reserve, which is an added benefit of
            having a 5-year capital plan rather than an annual plan.




                                        4
                    CR-250611-004
                    Moved by Councillor Merton

                    "THAT in consideration of Staff Report CR-26-061 respecting the
                    Procurement Policy, the Corporate Services Committee recommends
                    that City Council direct staff to:
                       1. Bring forward by-laws to:

                          a. Adopt Procurement Policy No. AF009 and repeal
                             Purchasing By-law No. 2020-002; and
                          b. Amend Delegation of Powers and Duties By-law No. 2014-
                             109 as outlined in the report; and

                       2. Give notice of the Procurement Policy in accordance with
                          Notice By-law No. 2018-022."
                                                                                Carried.
      8.c   Accounting
            None.
      8.d   Fire
            None.
      8.e   Human Resources
            None.
      8.f   Information Technology
            None.
      8.g   Parking and By-law Enforcement
            None.
      8.h   Taxes and Revenue
            None.
9.    MATTERS POSTPONED
      There were no matters postponed.
10.   MOTIONS FOR WHICH NOTICE WAS PREVIOUSLY GIVEN
      There were no motions for which notice was previously given.
11.   CORRESPONDENCE PROVIDED FOR INFORMATION
      There were no correspondence items presented for information.


                                             5
12.   DISCUSSION OF ADDITIONAL BUSINESS
      There was no additional business.
13.   NOTICES OF MOTION
      There were no notices of motion.
14.   ADJOURNMENT
      The business contained on the agenda having been completed, Chair Kukreja
      adjourned the meeting at 6:30 p.m.




                                           6

5 DEPUTATIONS AND PRESENTATIONS There are no deputations or presentations.

DEPUTATIONS AND PRESENTATIONS
There are no deputations or presentations.

6 PUBLIC FORUM

PUBLIC FORUM

7 CORRESPONDENCE RECEIVED FOR WHICH DIRECTION IS REQUIRED There are no correspondence items being presented for consideration.

CORRESPONDENCE RECEIVED FOR WHICH DIRECTION IS REQUIRED
There are no correspondence items being presented for consideration.

8 REPORTS OF CITY STAFF

REPORTS OF CITY STAFF
8.a
Parking and By-law Enforcement

8.a Report CR-26-067 from the By-law Enforcement Supervisor Re: Regulatory By-law Management Policy

1
Report CR-26-067 from the By-law Enforcement Supervisor Re:
Regulatory By-law Management Policy

THAT in consideration of Staff Report CR-26-067 respecting Regulatory Bylaw Management Policy No. AF015, the Corporate Services Committee
recommends that City Council direct staff to bring forward a by-law to:
1.

Adopt Regulatory By-law Policy No. AF015, substantially in the form
attached to the report; and

2.

Repeal By-law Review & Revision Policy No. CS73.

Highlights:








Proper management of regulatory by-laws, including timely creation
and review, benefits residents, visitors and staff by keeping rules
and requirements up to date, aligned with the City’s intent, and
consistent with governing law.
The proposed policy, procedure, and schedule provide for the
creation of new by-law, comprehensive reviews, and targeted
reviews.
The policy ensures that each by-law is assigned to a Division Lead
(Manager or Supervisor) known as the “content expert” that is
responsible for the creation and management of the by-law.
Each year, the schedule will be reviewed by the Strategic
Leadership Team to be added to the organizational work plans,
which will be presented to the appropriate committees for approval.

Staff Report CR-26-067: Regulatory By-law Management Policy No. AF015
Page 1 of 6

Page 9 of 74

Vision 2050 - Strategic Plan Alignment:
Strategic Plan Priority: The recommendation contributes to core service
delivery or a corporate initiative that enables service delivery for one or more
strategic priorities.

Previous Report/Authority:
By-law Review & Revision Policy No. CS73 (Attachment No. 1)
Municipal Act, 2001, S.O. 2001, c. 25
Provincial Offences Act

Background:
Regulatory by-laws are by-laws that regulate behavior and provide for
enforcement through the Provincial Offences Act or other legislation.
Regulatory by-laws are different from administrative by-laws, which govern
the City’s operations in some way, such as the Tax Policy By-law or the
Delegation of Powers & Duties By-law.
The City has a total of 59 regulatory by-laws, including by-laws that regulate
the maintenance and use of properties, the use of parks and City facilities,
the operation and parking of vehicles, business licensing, keeping of animals,
and by-laws that protect the health, safety and well-being of people.
In 2007, City Council approved the By-law Review & Revision Policy No.
CS73 which is attached to the report. Staff have drafted a new policy,
procedure, and master schedule to reflect current practices regarding the
management of regulatory by-laws.

Analysis and Options:
Attached to the report is the draft Regulatory By-law Policy No. AF015 which
would replace By-law Review & Revision Policy No. CS73. Provided below is
an overview of the policy, procedure and master schedule.

Policy
Within the policy, each regulatory by-law has been assigned to a Division
Lead (Manager or Supervisor) known as the “content expert”, that has the
most direct expertise in the overall content of the by-law. For example, the
Parks division will be the content expert for the “Regulate and Control Parks
Staff Report CR-26-067: Regulatory By-law Management Policy No. AF015
Page 2 of 6

Page 10 of 74

By-law”, while the Water division will be the content expert for the “Water
Management By-law”.
The content expert will act as the lead for a by-law review project, which
includes coordinating meetings with relevant staff, conducting research,
drafting the staff report, and presenting the report to committee or Council.

Procedure
The City Clerk will maintain the procedure, which includes processes for:




the development of a by-law that is new to the City;
a full review of an existing by-law, to determine if it continues to
meet the City’s needs, and any related amendments; and
a review of a specific section(s) of a regulatory by-law where an
amendment(s) is needed for a specific purpose.

The development of a new by-law may be initiated by committee or Council
or by the By-law Enforcement Supervisor. A list of potential new by-laws
which have been previously considered are included in the master schedule.
Targeted reviews may be initiated by committee or Council, or by the
content expert or By-law Enforcement Supervisor.
Full reviews will be completed as identified on the master schedule, which
may change from time to time as a result of changing priorities and identified
challenges.

Master Schedule
The master schedule will be kept and maintained by the City Clerk. All 59
regulatory by-laws are scheduled into a rolling 8-year calendar. Competing
priorities within the organizational plan may limit the number of reviews that
can be completed in each year. The master schedule is a planning tool that
may be adjusted annually based on the needs and capacity of the City.
During the initial reviews, consideration will be taken to combine by-laws of a
similar nature that do not require an independent by-law, with the goal of
reducing the total number of regulatory by-laws into a more manageable
number.

Staff Report CR-26-067: Regulatory By-law Management Policy No. AF015
Page 3 of 6

Page 11 of 74

Resource Alignment:
Financial Resources
Management of regulatory by-laws uses staff time within the existing staff
complement and does not have a financial impact. However, throughout a
review, there may be costs associated with legal reviews or public meetings
that are outside the City’s normal staffing budgets.

Human Resources
By-law reviews primarily engage the content experts, the Manager of
Legislative Services and the By-law Enforcement Supervisor, through the
organizational work plans. Additionally, the City Manager and Strategic
Leadership Team will evaluate the master schedule before by-law reviews
are added to the work plan to ensure staffing resources are available.
Overall staffing resources and other project priorities will determine the
number of reviews that can be completed annually.

Time and Scheduling
Implementing a new by-law or completing a comprehensive review of a bylaw is a heavy workload task. The following chart outlines anticipated
timelines for each type of review. Timelines may vary where external
consultation is required, such as at the legal review phase or waiting for
approval of set fines:
Type

New By-law
Full Review

Description

Time

Research and Consultation

1-2 months

Draft By-law/Amendment and Set Fines

3-4 weeks

Present By-law and Set Fines to SLT

2-3 weeks

Legal Review (if required)

2-4 weeks

Draft Report for Committee/Council

2-3 weeks

Committee/Council Review

1-2 months

Submit Set Fine Application and Receive
Approval

1-3 months

By-law roll out/communication

2-4 weeks
Total 4-8 months

Staff Report CR-26-067: Regulatory By-law Management Policy No. AF015
Page 4 of 6

Page 12 of 74

Targeted Review

Research and Consultation

3-4 weeks

Draft By-law Amendment

1-2 weeks

Draft Set Fines (if required)

1 week

Legal Review (if required)

2-3 weeks

Draft Report for Committee/Council

1-2 weeks

Committee/Council Review

1 month

Submit Set Fine Application and Receive
Approval (if required)

2-4 weeks

By-law roll out/communication (if
required)

1-2 weeks
Total 3-4 months

Technology and Infrastructure
Staff will be using the ProjectTeam platform to schedule the workflow of bylaw review projects.

Climate and Environmental Impacts:
There are no anticipated climate or environmental impacts.

Communication and Engagement:
This report has been posted to the City’s website with the agenda in advance
of the meeting. Each by-law review project will include a communications
and engagement approach proportionate to the scope of the review, the level
of public interest, and the potential impact of proposed changes.

Report Developed in Consultation With:
Strategic Leadership Team, City Clerk, Manager of Legislative Services

Attachments:
1.

Attachment 1 - By-law Review & Revision Policy No. CS73

2.

Attachment 2 - Draft Regulatory By-law Management Policy No.
AF015

Staff Report CR-26-067: Regulatory By-law Management Policy No. AF015
Page 5 of 6

Page 13 of 74

3.

Attachment 3 - Draft Procedure – Regulatory By-law Management

4.

Attachment 4 - Master Schedule

Reviewed by:
Briana Bloomfield, City Clerk
Kate Allan, Director of Corporate Services
Submission approved by:
Tim Simmonds, City Manager
For more information on this report, please contact Riley Brugess, By-law
Enforcement Supervisor at rbrugess@owensound.ca or 519-376-4440 ext.
1270.

Staff Report CR-26-067: Regulatory By-law Management Policy No. AF015
Page 6 of 6

Page 14 of 74

S.P. NO: CS73
STANDARD POLICY

PAGE NO. 1 OF 4
DATE: Oct. 19/07

SUBJECT:
REVIEW AND REVISION OF REGULATORY BY-LAWS
COUNCIL AUTHORITY OR STAFF APPROVED:

DEPARTMENT:
Community Services
DIVISION:
By-law
NEW:
REVISED: X
DATE: Feb. 15/08

Ultimate responsibility for regulatory by-laws lies with the Clerk’s Division. The
following is a list of the by-laws and the home departments that are responsible
for their maintenance:
By-law Short Title

Home Department

Adult Entertainment Parlours
Animals(keeping of certain
animals)
Body Rub Parlours
Buildings

Police
Community Services (Animal Control)

2006-093
1991-55

Police
Community Services (Building)

Burning

Fire

Bicycles
Cemetery

Clerk’s
Operations – Cemetery Manager

Control (cats, dogs)

Community Services – Animal Control

Drainage
Entry

Community Services –
Planning/Engineering
Clerk’s

2006-005
1974-15
1994-069
1995-1006
1996-043
2006-098
2007-235
1990-123
1993-032
1993-104
1995-054
1995-158
2001-090
1991-55
1992-106
1993-034
2005-233
1993-132
2005-234
1318

Establishments ( B&B’s)

Clerk’s

Extended Parking

Community Services – Parking

1985-89
1987-112
1993-019
1555
1561
2005-124

Page 15 of 74

Fencing

Community Services – Building

Fire

Fire

Firearms (Discharge)
Fire Regulations

Clerk’s
Fire

Fire Route

Fire

Fireworks

Fire

Fortification
Garbage
Hairdresser/Barber
Heat
Highways
Ice Boxes
Journeyman Plumbers

Community Services - Planning
Operations – Public Works
Clerk’s
Community Services – Building
Operations –Engineering
Community Services - Building
Community Services - Building

Jubilee Bridge
Lottery Licensing
Mill Dam
Mobile Sound Equipment
Mobile Home Parks
Moving

Clerk’s
Clerk’s
Clerk’s
Clerk’s
Planning
Building

Mud Tracking
Noise

Operations – Public Works
Clerk’s

Opening Up Sidewalks
Parking

Clerk’s
By-law/Parking

Parks

Operations – Public Works

Penalty
Pigeons
Property Inquiries

Clerk’s
Clerk’s
Community Services – Planning

3392
1982-79
1992-051
1992-107
1974-15
2005-050
2006-098
2007-235
1995-119
1995-179
2001-040
2005-117
2007-095
1987-14
1987-56
1992-016
2007-070
2748
2007-186
2005-018
2005-151
2565
3485
1995-195
1825
1978-74
2005-237
1995-126
1994-079
1987-96
1977-64
3568
1983-22
1978-49
2004-028
2001-034
2322
2004-098
383
1990-92
1993-018
1976-27
1978-13
1989-009
1992-014
1992-192
1992-206
1994-029
1994-133
1996-165
1989-191
2264
1997-047

Page 16 of 74

PProhibit Unlawful Entry
Public Halls
Public Nuisances
Recycling
Refreshment Vehicles
Refrigerators

Clerk’s
Fire
Clerk’s
Operations – Public Works
Clerk’s
Community Services – Building

Reward
Roof Drains
Sanitary Sewers

Clerk’s
Building
Operations – Public Works/Engineering

Second Hand Shops
Sewage
Signs

Police By-law
Operations – Public Works/Engineering
Community Service - Building

Smoking
Snow and Ice Removal

Grey County
Operations – Public Works

Snow Machines

Clerk’s

Streets

Clerk’s

Street Vending
Tag Days
Tipping Fees

Clerk’s
Clerk’s
Operations – Public Works

Taxicabs
Traffic
Trees

Police By-law
Operations – Engineering
Operations – Public Works

Water Restrictions

Operations – Public Works

1985-89
1991-019
1999-178
2006-001
1991-019
1825
1989-191
1980-42
1980-42
1975-15
1978-83
2006-010
2006-0344
1986-193
1988-61
1992-053
1990-104
1993-128
1995-117
1996-177
2000-152
1974-1
1977-14
1989-191
1976-27
1978-13
1989-6
1997-177
1998-009
1989-138
1996-113
2003-101
1995-195
2005-125
1977-49
1990-47
1993-082
2006-006
2003-148
1994-020
1994-024
1988-106
1994-46

It is a requirement of City Council that each by-law be formally reviewed by the presiding
Committee no more than five (5) years from the previous review. During the review of
each by-law, the following steps will be taken:

Page 17 of 74

S.P. NO: CS73
STANDARD POLICY

PAGE NO. 4 OF 4
DATE: Oct. 19/07

SUBJECT:
REVIEW AND REVISION OF REGULATORY BY-LAWS
COUNCIL AUTHORITY OR STAFF APPROVED:
1.

DEPARTMENT:
Community Services
DIVISION:
By-law
NEW:
REVISED: X
DATE: Feb. 15/08

Home Department Staff Review
Is the By-law necessary/pertinent
Update/Add/Clarify Definitions
Review all clauses – check wording, expand or simplify where needed
Incorporate any environmental changes that have taken place that affect the
by-law (i.e. update maps, measurements, mention of assets such as
buildings or infrastructure, 3rd party jurisdiction such as the Medical
Officer of Health)
▪ Make recommendations for any changes to schedules (i.e. maps, fines)
▪
▪
▪
▪

2.

By-Law Review
Before any revisions go to the Home Committee, the entire By-law is to be
reviewed by the By-law Division to recognize any enforcement issues,
necessary enforcement clauses, incorporate any provincial changes in
legislation and to advise of any need for approval (i.e. requiring short form
wording and set fines approval)

3.

Clerk’s Review
Before the revised by-law is presented to the Home Committee the Clerk’s
Department shall review it and standardize the format according to their
record needs.

4.

Committee Review and Recommendation fore Approval
The By-law will then be reviewed by the Home Committee and either
recommended to Council for adoption or returned to staff for further review.

5.

A final copy of the By-law is provided to the Clerk’s for consideration by
Council.

6.

7.

Council Approval
Should a By-law require Short Form Wording and Set Fines, a separate
report will be provided to Council for approval of the Short Form
Wording and Set Fines. The Clerk will forward a submission to the
Regional Senior Justice for final approval of the set fines.
6.2
Once the By-law is approved by Council it becomes the Clerk’s
responsibility to copy and distribute as necessary.
6.1

The City Manager together with the Department Heads will ensure that
this review is completed as required.

Page 18 of 74

Policy AF015
Regulatory By-law Management
Topic: Administration & Finance
Lead Division: Clerks
Next Scheduled Review: 2031

Policy Statement
1.

The City recognizes that proper management of regulatory by-laws,
including timely creation and review, benefits residents, visitors, and staff by
keeping rules and requirements up to date, aligned with the City’s intent,
and consistent with governing law.

Purpose
2.

The purpose of this policy is to establish a regulatory by-law management
process and identify content experts for future by-law reviews.

Scope
3.

This policy applies to:
a.

all City employees who create or maintain regulatory by-laws related to
the work of their department; and

b.

all regulatory by-laws that are not legislatively prescribed to be
reviewed in a specific timeframe.

Definitions
4.

For the purposes of this policy,
“By-law Enforcement Supervisor” or “BES” means the employee charged
with overseeing the by-law enforcement division at the City;
“By-law management report” means the staff report that accompanies a
draft regulatory by-law to Council or committee;
“By-law project” means the creation or review of a by-law, including
approval, reporting out, and any training or other follow-up necessary;
“City” means the City of Owen Sound, and a reference to the City is a
reference to the geographical area or The Corporation of the City of Owen
Sound as the context requires;
“Content expert” means the staff person(s) tasked with the management of
a regulatory by-law, which may include creation or review;
“Employee” means City of Owen Sound full-time employees;

AF015 Regulatory By-law Management

Page 1 of 4
Page 19 of 74

“Manager” means an employee who is responsible for a City division and
includes employees who supervise and manage other employees;
“Manager of Legislative Services” and “MLS” means the staff person
overseeing policy development;
“Provincial Offences Act” means Provincial Offences Act, R.S.O. 1990, c.
P.33;
“Regulatory By-law” means any by-law that regulates behaviour within the
City and contains penalties under the Provincial Offences Act or other
legislation; and
“Strategic Leadership Team” and “SLT” mean senior leaders in the
organization who are appointed to the team by the City Manager at any
given time.

Policy
General
5.

The City Clerk will maintain a master schedule of identified regulatory bylaws requiring creation or review. Items may be identified by Council or by
any member of staff. This master schedule will be known as the Regulatory
By-law Management List.

6.

Annually, the Regulatory By-law Management List will be provided to SLT for
consideration. SLT will determine the final list of by-law projects to be added
to the following year’s organizational workplan, and the content expert(s) for
each by-law project.

7.

Content experts will act as the lead for a by-law project, which includes but
is not limited to:
a.

ensuring the project is on the workplans of the MLS and BES;

b.

coordinating meetings with relevant staff, including the MLS and BES;

c.

consulting with external stakeholders;

d.

researching precedent material;

e.

presenting draft materials to SLT and to Council through a relevant
committee;

f.

drafting a staff report to accompany the by-law to committee or
Council;

g.

ensuring the by-law is presented for adoption;

AF015 Regulatory By-law Management

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8.

h.

ensuring a set fine application is submitted to the Ministry of the
Attorney General, if applicable; and

i.

undertaking any follow-up necessary to operationalize the by-law, which
may include but is not limited to developing a communications plan,
staff training, and providing website and other information updates.

Notwithstanding sections 5-7, where a division identifies the need for a
targeted review and where the review is approved by the division manager,
the division may undertake the necessary work in accordance with this
policy, save and except the need to have the work scheduled by SLT.

Procedures
9.

The City Clerk will create a procedure for the following types of regulatory
by-law management:
a.

New by-law creation: the development of a by-law that is new to the
City;

b.

Existing by-law full review: a full review of an existing by-law, to
determine if it continues to meet the City’s needs, and any related
amendments; and

c.

Existing by-law targeted review: a review of a specific section(s) of a
regulatory by-law where an amendment(s) is needed for a specific
purpose.

Report
10.

By-law management reports must include an assessment of the following
criteria:
a.

Legal compliance: confirm that the by-law falls within the City’s
legislative authority and identify any associated, known legal risks;

b.

City plan alignment: identify if the by-law has been drafted to support a
City plan, strategy, program or initiative and how it will do so;

c.

Operation: identify the division or role that will administrate the by-law,
the authority responsible for enforcing the by-law, and note any related
resource limitations or constraints;

d.

Penalties and fees; outline the enforcement mechanism that will be used
to ensure compliance, including any applicable set fines, and
administrative fees;

e.

Public interest: consider the impact on the community and the needs of
residents, including both short and long-term considerations;

AF015 Regulatory By-law Management

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f.

Timing: identify if the by-law will come into effect at a later date or on
the date it is passed, if there is a grace period to allow for public
education, and when the next review of the by-law is scheduled.

Policy review
11.

12.

The City Clerk will review this policy:
a.

every five (5) years to ensure effectiveness and compliance with current
business processes; or

a.

sooner, if required, based on legislative changes.

The City Clerk is authorized to make such administrative changes to this
policy as appropriate to keep the policy current. Any revision to the policy’s
intent must be presented to the City Manager for consideration.

Related Information and Resources
Internal
13.

Records and Information Management Policy

External
14.

Provincial Offences Act

15.

Municipal Act, 2001, S.O. 2001, c. 25

Appendices
16.

N/A

Revision History
Authority
Council
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Date
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Approval
By-law

Description of
Amendment
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AF015 Regulatory By-law Management

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Procedure
Regulatory By-law Management
Lead Division: Clerks

Purpose
1.

The purpose of this procedure is to establish a process for the creation, full
review, or targeted review of regulatory by-laws.

Background
2.

For the City to have the tools it needs to maintain peace and order,
regulatory by-laws need to be created and reviewed on a regular basis. Bylaw reviews are collaborative processes that include, at a minimum, a
content expert, the Manager of Legislative Services and the By-law
Enforcement Supervisor.

3.

City Council approved Regulatory By-law Management Policy No. AF015. This
procedure accompanies the policy.

Scope
4.

This procedure applies to:
a.

all City employees who create or maintain regulatory by-laws related to
the work of their department; and

b.

all regulatory by-laws that are not legislatively prescribed to be
reviewed in a specific timeframe.

Definitions
5.

For the purposes of this procedure,
“By-law Enforcement Supervisor” or “BES” means the employee charged
with overseeing the by-law enforcement division at the City;
“By-law management report” means the staff report that accompanies a
draft regulatory by-law to Council or committee;
“By-law project” means the creation or review of a by-law, including
approval, reporting out, and any training or other follow-up necessary;
“City” means the City of Owen Sound, and a reference to the City is a
reference to the geographical area or The Corporation of the City of Owen
Sound as the context requires;

Regulatory By-law Management Procedure

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“Content expert” means the staff person(s) tasked with the management of
a regulatory by-law, which may include creation or review;
“Employee” means City of Owen Sound full-time employees;
“Manager” means an employee who is responsible for a City division and
includes employees who supervise and manage other employees;
“Manager of Legislative Services” and “MLS” means the staff person
overseeing policy development;
“Provincial Offences Act” means Provincial Offences Act, R.S.O. 1990, c.
P.33;
“Regulatory By-law” means any by-law that regulates behaviour within the
City and contains penalties under the Provincial Offences Act or other
legislation; and
“Strategic Leadership Team” and “SLT” mean senior leaders in the
organization who are appointed to the team by the City Manager at any
given time.

Procedure
General
6.

The City Clerk will maintain a master schedule of identified regulatory bylaws requiring creation or review. Items may be identified by Council or by
any member of staff. This master schedule will be known as the Regulatory
By-law Management List.

7.

Annually, the Regulatory By-law Management List will be provided to SLT for
consideration. SLT will determine the final list of by-law projects to be added
to the following year’s organizational workplan, and the content expert(s) for
each project.

8.

There are three types of by-law projects, and each has a separate procedure
listed below. The three types are:
a.

By-law Creation;

b.

By-law Full Review; and

c.

By-law Targeted Review.

By-law Creation
9.

The creation of a regulatory by-law will follow this process:
a.

The content expert will arrange a meeting with the Manager of
Legislative Services (“MLS”), the By-law Enforcement Supervisor

Regulatory By-law Management Procedure

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(“BES”), and any other relevant staff about the intent and scope of the
by-law.
b.

The content expert will undertake research into comparator
municipalities for precedent information and provide any useful material
to the MLS.

c.

The MLS will create a draft regulatory by-law for use by the content
expert, and, between the content expert(s) and the MLS, the by-law will
be populated with clauses specific to the City.

d.

The content expert will consult with external stakeholders, as required.

e.

Upon completion, the draft by-law will be provided to the BES for their
consideration and input. The MLS will make appropriate edits to the
draft by-law in collaboration with the content expert.

f.

The MLS will draft short-form wording to be reviewed by the BES for
suitability, and the content expert, in consultation with the BES, will
provide recommended fine amounts.

g.

The content expert will present the draft by-law and set fines to SLT at
a meeting for the SLT members’ consideration and input.

h.

The content expert will notify the MLS of any required edits to the draft
by-law coming out of the SLT review.

i.

The content expert will present the draft by-law to Council or Committee
as determined by their Director, the City Clerk and City Manager. The
staff report will include a copy of the draft by-law and the set fines. The
report recommendation will ask that:
i.

the by-law be brought forward for adoption by Council;

ii.

the set fine amounts be approved by Council; and

iii.

an application be submitted to the Ministry of the Attorney General
for approval of the set fines.

j.

The content expert will submit a by-law request form to have the by-law
brought forward for adoption. Upon adoption, the MLS will file the bylaw in accordance with the City’s Records and Information Management
Policy and will post it on the City’s website.

k.

The MLS will submit a set fines application to the Ministry of the
Attorney General. Upon receipt of the approved set fines, the MLS will
alert the content expert and By-law Enforcement staff and file the set
fines in accordance with the City’s Records and Information
Management Policy.

Regulatory By-law Management Procedure

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l.

The content expert will ensure that any communication tools or other
follow-up identified in the staff report are completed.

By-law Full Review
10.

A full regulatory by-law review will follow this process:
a.

The content expert will arrange a meeting with the Manager of
Legislative Services (“MLS”), the By-law Enforcement Supervisor, and
any other relevant staff about the intent and scope of the review.

b.

The content expert will undertake research into comparator
municipalities for precedent information and provide any changes to the
MLS.

c.

The content expert will consult with external stakeholders, as required.

d.

The MLS will draft the applicable changes and short form wording if
required and provide to content expert and BES for review.

e.

Where substantive changes are being recommended, as determined in
consultation with the content expert and the applicable Director, they
will be presented to SLT for consideration and input.

f.

The content expert will notify the MLS of any required edits to the draft
by-law coming out of the SLT review.

g.

The content expert will present the draft by-law to Council or Committee
as determined by their Director, the City Clerk and City Manager. The
staff report will include a copy of the by-law watermarked draft and the
set fines. The report recommendation will ask that:
i.

the by-law be brought forward for adoption by Council;

ii.

the set fine amounts be approved by Council; and

iii.

an application be submitted to the Ministry of the Attorney General
for approval of the set fines.

h.

The content expert will submit a by-law request form to have the by-law
brought forward for adoption. Upon adoption, the MLS will file the bylaw in accordance with the City’s Records and Information Management
Policy and will post it on the City’s website.

i.

The MLS will submit a set fines application to the Ministry of the
Attorney General. Upon receipt of the approved set fines, the MLS will
alert the content expert and By-law Enforcement staff and file the set
fines in accordance with the City’s Records and Information
Management Policy.

Regulatory By-law Management Procedure

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j.

The content expert will ensure that any communication tools or other
follow-up identified in the staff report are completed.

By-law Targeted Review
11.

Where an amendment is required to meet a specific purpose, or due to a
motion by Council or Committee, the following process will be followed:
a.

The content expert or BES, where the amendment relates to an
enforcement purpose, will undertake consultation and research to
address the specific amendment.

b.

The content expert or BES will provide applicable information to the MLS
who will draft the amendment, including short form wording where
necessary, and provide to the content expert and BES for review.

c.

The content expert or BES will present the draft by-law to Council or
Committee as determined by their Director, the City Clerk and City
Manager. The staff report will include a copy of the draft by-law and the
set fines. The report recommendation will ask that the by-law be
brought forward for adoption, the set fine amounts be approved, and an
application be submitted for approval of the set fines.

d.

The content expert will submit a by-law request form to have the by-law
brought forward for adoption. Upon adoption, the MLS will file the bylaw in accordance with the City’s Records and Information Management
Policy and will post it on the City’s website.

e.

The MLS will submit a set fines application to the Ministry of the
Attorney General. Upon receipt of the approved set fines, the MLS will
alert the content expert and By-law Enforcement staff and file the set
fines in accordance with the City’s Records and Information
Management Policy.

f.

The content expert will ensure that any communication tools or other
follow-up identified in the staff report are completed.

Procedure review
12.

The City Clerk will review and update this procedure as needed to ensure it
reflects current business processes.

References and Additional Information
Internal
13.

Policy AF015 Regulatory By-law Management.docx

External
Regulatory By-law Management Procedure

Page 5 of 6
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14.

N/A

Appendices
15.

N/A

Revision History
Staff Authority

Date
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Regulatory By-law Management Procedure

Description of Amendment

Page 6 of 6
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Active By-laws
By-law
Heat

Number
2007-121

Last Update
N/A

Content Expert
By-law

Consult

Notes
Next Update
Rolling 8 years
Delete - New Vital
2026
2034
Services By-law

Conditions Hazardous to Children
Fire Route
Regulate Standing Water
Prohibit Vehicles on 17th St E Hill
Prohibit Vehicles on 7th St E Hill
Yard Maintenance
Shade Tree
Waste Management

1953-1825
2009-086
2003-118
1990-123
1990-122
2018-048
1994-020
2005-151

1989-191
2014-094
N/A
N/A
N/A
2025-084

Building
Engineering

Delete - Add to YM

Lottery Licensing
Solicit Contributions of Money on Highways
Short Term Rental
Property Standards
Cat
Preservation of Order on Streets

1994-079
1977-049
2023-115
1999-030
2011-155
1989-138

2013-030
N/A
2025-096
2025-084
N/A
2024-030

By-law
Fire
By-law
Engineering
Engineering
By-law
Parks
Environmental
Services
Clerks
Clerks
Clerks
By-law
By-law
By-law

Mandatory Recycling

2006-001

N/A

Engineering

Open Air Fire
Regulate and Control Parks
Sewer Use and Land Drainage

2022-051
1992-014
2006-034

N/A
2003-148
N/A

Site Plan Control
Unauthorized Parking
Idling
Off-Road Vehicles
Enter Adjoining Lands for Repair
Snow Removal
Sign
Business Licensing

2019-185
2014-094
2007-236
2016-087
1993-019
2008-046
2014-001
2023-128

2022-075
2018-124
N/A
2018-034
N/A
N/A
2022-028
N/A

Fire
Parks
Water/Wastewate
r
Planning
By-law
Planning
Engineering
By-law
Engineering
Building
Clerks

Establish and Regulate Dog Parks
Fireworks
Snowmobile Operation
Firearms
Prohibit Feeding Wild Animals
Outdoor Swimming Pool Fences
Regulate Debris & Mud on Highways
Encroachment
Water Management

2010-097
2022-050
1976-027
1995-119
2008-169
2010-090
2004-028
2020-100
2025-090

2017-131
2024-029
1998-009
N/A
2012-176
2011-110
N/A
N/A
N/A

Greenwood Cemetery

2023-068

N/A

2023-034

Parks
Fire
Engineering
By-law
By-law
Building
Engineering
Clerks
Water/Wastewate
r
Parks

Delete - Add to YM
Delete - Move to Traffic
Delete - Move to Traffic

Building/Planning
Building
Animal Control
Planning, Police Delete Nuisance/Sidewal
k Patio
Is this still needed
re: provincial
takeover

Review Enforceability
Engineering
Police
Police
Police
Planning
Community
Development
Animal Control
Police
Police
Police
Animal Control

2027
2027
2027
2027
2027
2027
2027
2027

2035
2035
2035
2035
2035
2035
2035
2035

2027
2027
2027
2028
2028
2028

2035
2035
2035
2036
2036
2036

2029

2037

2029
2029
2029

2037
2037
2037

2029
2029
2029
2030
2030
2030
2030
2030

2037
2037
2037
2038
2038
2038
2038
2038

2030
2030
2031
2031
2031
2031
2031
2031
2031

2038
2038
2039
2039
2039
2039
2039
2039
2039

2032

2040

Page 29 of 74

Regulate Mobile Home Parks

1971-3568

2014-150

Planning

Holiday Shopping

2019-132

N/A

Community
Development

Moving of a Building
Keeping Certain Kinds of Animals
Transporting Large Objects
Dog Kennels
Unlawful Trespass on City Property
Election Sign
Require Sewer Connections

1978-049
1997-170
1983-022
2005-123
2005-208
2022-027
1978-083

N/A
2008-170
2013-030
2013-030
2012-155
2025-112
N/A

Traffic
Noise
Fortification of Land
Derby Camping
Prohibit Swimming in Certain Areas
Temporary Encroachment
Building
Nuisance
Use of Helmets (in Parks)
Dog
Temporary Street Closure for Events
Unsafe Conditions By-law
Zoning

2009-075
2024-027
2005-018
2025-047
1995-126
2024-092
2023-091
2024-026
2003-126
2024-113
2009-040
2011-117
2010-078

2025-085
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
2025-057
N/A
N/A

Building
By-law
Engineering
By-law
Parks
Clerks
Water/Wastewate
r
Engineering
By-law
Building
Planning
Parks
Engineering
Building
By-law
Parks
By-law
Engineering
By-law
Planning

River District
Board/Chamber
of Commerce
Engineering
Animal Control
Police
Animal Control
Police

Police
Planning
Parks

Police
Animal Control
Building/Planning

Review whether
this is
used/needed and
enforceable

2032

2040

2032

2040

2032
2032
2032
2032
2033
2033
2033

2040
2040
2040
2040
2041
2041
2041

2033
2033
2033
2033
2033
2034
2034
2034
2034
2034
2034
2034
As needed (2031)As needed

2041
2041
2041
2041
2041
2042
2042
2042
2042
2042
2042
2042

Page 30 of 74

New By-laws for Consideration
By-law

Content Expert

Vital Services (See Heat By-law)
Shopping Carts
Renovation licensing program
(Renovictions)
Encampment Protocol
Vacant Building Registery

By-law
By-law
By-law
Parks
By-law

Consult

Proposed Date

2026
2027
Building
Building/Fire/Police

2027
2028
2028

Page 31 of 74

Staff Report
Report To:

Corporate Services Committee

Report From:

Riley Brugess, By-law Enforcement Supervisor

Meeting Date:

July 9, 2026

Report Code:

THAT in consideration of Staff Report CR-26-068 respecting updates to the
Property Standards By-law and a new Vital Services By-law, the Corporate
Services Committee recommends that City Council direct staff to:
1.

Bring forward a by-law to amend the Property Standards By-law as
outlined in Attachment 1 of the report;

2.

Bring forward the Vital Services By-law for approval as outlined in
Attachment 2 of the report; and

3.

Apply to the Ministry of the Attorney General for approval of the set
fines as outlined in Attachment 3 of the report.

Highlights:




Property Standards By-law updates are being proposed to address
concerns respecting mould, pests, vacant and damaged buildings,
and to align with the City’s Zoning By-law.
A new Vital Services By-law is being proposed to ensure that
adequate and suitable vital services are provided to rental units.

Staff Report CR-26-068: Property Standards By-law and Sign By-law Updates and
New Vital Services By-law
Page 1 of 8

Page 32 of 74

Vision 2050 - Strategic Plan Alignment:
Strategic Plan Priority: Safe City – Contributing to inclusivity and accessibility
in our community and participating in initiatives focused on a range of longterm, systemic safety solutions that respond to current and future residents.

Previous Report/Authority:
RentSafe OS Collaborative Presentation – November 14, 2024
RentSafe OS Collaborative Report – Landlord and Tenant Survey
Report CR-25-076 – Provision of By-law Services
Property Standards By-law
Heat By-law

Background:
On November 14, 2024, the United Way Bruce Grey presented a deputation
at the Corporate Services Committee respecting the RentSafe Owen Sound
approved by Committee and Council that, in part, requested that Language
for mould repairs be included in applicable by-laws.
A subsequent report was presented on July 16, 2025, by the City Clerk to the
Service Review Implementation Ad Hoc Committee that, in part, proposed
the future consideration of a Vital Services By-law as a means to retain and
improve the existing rental stock in the City.
In 2025, the City’s By-law Enforcement Division received a total of 55
complaints respecting the habitability of housing. Of those, 21 complaints
related to Vital Services, 13 related to pests, and 11 related to water damage
and mould. It is believed that many habitability concerns are not reported to
by-law enforcement, whether due to fear of reprisal, not knowing who to call,
or other factors.

Staff Report CR-26-068: Property Standards By-law and Sign By-law Updates and
New Vital Services By-law
Page 2 of 8

Page 33 of 74

Property Standards By-law Updates
Updates to the Property Standards By-law are being proposed to address
concerns respecting mould, pests, vacant and damaged buildings, and to
align with the City’s Zoning By-law.
New Vital Services By-law
A Vital Services By-law is being proposed for consideration and adoption.
Vital services are services that are essential to the health and well-being of a
person, including hot and cold water, fuel, electricity, gas, and heat. The
proposed by-law improves enforceability where a landlord shuts off or fails to
maintain a Vital Service.

Analysis and Options:
Property Standards By-law Updates
Mould
The Ontario Association of Property Standards Officers, in conjunction with a
Provincial Working Group, developed model mould by-law language. The
model mould by-law language promoted by RentSafe OS is presented in the
proposed amendments to the Property Standards By-law in Sections 2.5.9.12.5.9.5 inclusive. A copy of the proposed update is provided in Attachment 1
of this report.
In addition to the recommendation from RentSafe OS to include model mould
language in the Property Standards By-law, other amendments are being
recommended as described below.
Vacant and Damaged Buildings
On November 20, 2023, City Council requested that staff review the Property
Standards By-law as soon as possible, concerning boarded-up buildings in
the River District (downtown) particularly. In response, a report was
presented by the City Clerk to the Corporate Services Committee. A
summary of the report is outlined below.
A review of comparator municipalities’ by-laws was completed at that time,
and it was noted that our by-law matched the overall content of those
comparators’ by-laws.

Staff Report CR-26-068: Property Standards By-law and Sign By-law Updates and
New Vital Services By-law
Page 3 of 8

Page 34 of 74

The report included concerns with a complete prohibition on the boarding up
of buildings. It addressed that there is a real need to secure buildings from
vagrancy. It also addressed concerns that City by-laws are not intended to
establish aesthetic standards on buildings and that courts have found bylaws that regulate aesthetic standards are ultra vires (beyond the
scope/jurisdiction of a municipality).
The report further discussed the option of establishing a timeframe to limit
how long windows and doors can be boarded up. This option was not
recommended at that time due to concerns about the By-law Enforcement
Division’s resources to enforce such a time limit.
An amendment to the by-law was adopted to clarify that boarding up of
vacant buildings was not required, and to provide a list of acceptable
materials for the boarding.
Discussions with the River District Coordinator, continued concerns about the
occupancy of downtown storefronts, as well as increased staffing levels in the
By-law Enforcement Division have once again brought this matter for
consideration.
In 2025, the City of Windsor amended their Property Standards By-law to
prohibit the boarding up of buildings except those that have been damaged
by “fire, storm or other catastrophic event.” The By-law further requires that
a property be repaired and restored, and boarding be removed “as soon as
possible”.
In 2024, Norfolk County repealed and replaced their Property Standards Bylaw. This by-law allows for the boarding of all buildings but requires that
boarding be removed after 6 months has passed.
The Township of Clearview Property Standards By-law allows for the
boarding of all buildings but requires that boarding be removed after two (2)
years has passed.
These by-laws provide different methods of limiting how and when a building
can be secured by boarding. A review of these by-laws was considered and
adjustments were made to address the concerns of the City.
Substantial amendments are being proposed to limit the situations where the
boarding up of buildings are permitted and to limit the length of time that
buildings are left boarded up. These proposed amendments are outlined
below.
Staff Report CR-26-068: Property Standards By-law and Sign By-law Updates and
New Vital Services By-law
Page 4 of 8

Page 35 of 74

The proposed amendments create a prohibition on boarding up vacant
buildings solely because the property is vacant. Boarding up of a building will
continue to be permitted for Damaged Buildings.
Buildings that experience damage of a minor nature (such as a broken
window or a damaged door frame) may be boarded for a period of 60 days,
after which time the opening must be repaired and the boarding removed.
Buildings that have been damaged by fire, explosion or other catastrophic
causes may remain boarded up for a maximum period of 15 months. The
proposed amendment provides a period of twelve (12) months where
property owners can work with insurance and/or contractors without the
involvement of by-law enforcement. Within the next three (3) months, bylaw enforcement would work with the property owner to ensure that either:



The property owner has obtained a building permit and commenced
work to repair the building or structure; or
That the property owner demolishes the building or structure.

The proposed amendment retains the authority of by-law enforcement staff
to secure a building where necessary to protect the health and safety of any
person.
An exemption to the time limit provisions has been included for properties
that:





have a valid building permit;
have an active development application;
are heritage buildings; or
are subject to orders or enforcement action under provincial or
federal legislation that require that a building be secured.

Lighting Standards
Section 2.3.4.4 is added to require that property owners maintain or block
exterior lighting from entering the interior of an adjacent property. Similar
provisions are provided in the City’s Zoning By-law. Adding this section to
the Property Standards By-law provides for the enforcement of these
standards by way of orders to comply or remedial work, as required.
Enforcement of the Zoning By-law can only be completed by charging the
owner of the property and requiring the owner to attend a court hearing.

Staff Report CR-26-068: Property Standards By-law and Sign By-law Updates and
New Vital Services By-law
Page 5 of 8

Page 36 of 74

Pests
Section 2.5.8.1 is amended to require that buildings be kept reasonably free
from all “pests”. A definition of pests has been added: “includes rodents,
vermin, termites and other injurious insects and for greater clarity includes
bedbugs.”
This amendment is in response to an appeal of a property standards order
for a residential rental property, where the appellant challenged whether a
bedbug is considered “injurious”, as they are not known to spread disease or
cause harm to a structure. While the committee ultimately agreed that the
intent of the by-law was to include bedbugs, updating this section ensures
that a future committee or court does not interpret the section differently,
and is recommended to protect tenants and habitable housing.
Driveways
Section 3.2.9.4 (a) is amended to match the language provided in the City’s
Zoning By-law, which requires that all driveways be constructed and
maintained with a non-migrating hard surface or non-migrating permeable
material. The current wording of this section was matched with the wording
in the previous zoning by-law (No. 1985-80). This amendment is minor and
procedural to ensure enforceability of new standards.
Section 3.2.9.5 is added to clarify that the requirements do not apply to
permitted non-conforming or non-complying uses as defined in the Zoning
By-law. Essentially, this applies to new or renovated driveways, not to
existing ones, similar to the Zoning By-law provisions.
The inclusion of this section in the Property Standards By-law provides for
the enforcement of these standards by way of orders to comply or remedial
work, as required. Enforcement of the Zoning By-law can only be completed
by charging the owner of the property and requiring the owner to attend a
court hearing.

New Vital Services By-law
A Vital Services By-law ensures that adequate and suitable vital services are
provided and maintained in rental units. Vital services are services that are
essential to the health and well-being of a person, including hot and cold
water, fuel, electricity, gas, and heat.

Staff Report CR-26-068: Property Standards By-law and Sign By-law Updates and
New Vital Services By-law
Page 6 of 8

Page 37 of 74

The proposed Vital Services By-law is Attachment 2 to this report and allows
for more timely response to situations where vital services are turned off or
stop working as a result of the landlords actions or failure to maintain them.
Currently, under the Property Standards By-law, where a vital service is
discontinued, a Property Standards Order must be issued. The minimum time
to comply allowed under the Building Code Act is 19 days. Historically, a
person who’s heat stops working in the middle of winter may be without heat
for 19 or more days before an officer can complete remedial action, if
necessary. The proposed Vital Services By-law would allow for shorter
compliance timelines or immediate enforcement/penalties in situations where
serious health or safety concerns arise.
The Vital Services By-law replaces and repeals the City’s Heat By-law No.
2007-121, which required adequate and suitable heat to be provided to
rental units but did not provide the ability to order repairs or to complete
remedial action. It further did not provide a requirement for other vital
services.
Short Form Wording and Set Fines
Attachment 3 to the report is the proposed short form wording and set fines
for the Vital Services By-law. Staff recommend set fines of $500-$1000 to
deter landlords from discontinuing vital services.
Upon direction of Council, staff will apply to the Ministry of the Attorney
General for approval of the set fines.

Resource Alignment:
Financial Resources
The implementation of these by-law updates is not anticipated to require
additional financial resources.

Human Resources
By-law Enforcement staff currently enforce provisions relating to vital
services and other property standards concerns. There is no anticipated
increase in human resource requirements.

Time and Scheduling
N/A
Staff Report CR-26-068: Property Standards By-law and Sign By-law Updates and
New Vital Services By-law
Page 7 of 8

Page 38 of 74

Technology and Infrastructure
N/A

Climate and Environmental Impacts:
There are no anticipated climate or environmental impacts.

Communication and Engagement:
This report has been posted to the City’s website with the agenda in advance
of the meeting. Updates will be made to the City’s By-law Enforcement
webpage and a media release will be issued highlighting these initiatives.

Report Developed in Consultation With:
The City’s solicitor reviewed the by-law updates and the new Vital Services
By-law.
The Strategic Leadership Team was also consulted on the updates and new
by-law.
The proposed Vital Services By-law was presented to the RentSafe OS
Collaborative for review.

Attachments:
1.

Attachment 1 - Draft Amended Property Standards By-law –
Redlined

2.

Attachment 2 - Draft New Vital Services By-law

3.

Attachment 3 - Draft Set Fines – Vital Services By-law

Reviewed by:
Briana Bloomfield, City Clerk
Kate Allan, Director of Corporate Services
Submission approved by:
Tim Simmonds, City Manager
For more information on this report, please contact Riley Brugess, By-law
Enforcement Supervisor at rbrugess@owensound.ca or 519-376-4440 ext.
1270.
Staff Report CR-26-068: Property Standards By-law and Sign By-law Updates and
New Vital Services By-law
Page 8 of 8

Page 39 of 74

BY-LAW NO. 1999-030
THE CORPORATION OF THE CITY OF OWEN SOUND
BEING A BY-LAW FOR PRESCRIBING STANDARDS
FOR THE MAINTENANCE AND OCCUPANCY OF
PROPERTY WITHIN THE CITY OF OWEN SOUND
WHEREAS under Section 15.1(3) of the Building Code Act, S.O. 1992,
c.23, a By-law may be passed by the Council of a municipality prescribing the
standards for the maintenance and occupancy of property within the municipality
provided the Official Plan for the municipality includes provisions relating to property
conditions;
AND WHEREAS the Official Plan for The Corporation of the City of Owen
Sound includes provisions relating to property conditions;
AND WHEREAS the Council of The Corporation of the City of Owen Sound
is desirous of passing a By-law under Section 15.1(3) of the Building Code Act, S.O.
1992, c.23;
AND WHEREAS Section 15.6(1) of the Building Code Act, S.O. 1992, c.23
requires that a By-law passed under Section 15.1(3) of the Building Code Act, S.O.
1992, c.23 shall provide for the establishment of a Property Standards Committee
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
OWEN SOUND HEREBY ENACTS THE FOLLOWING:
PART 1 - INTERPRETATION AND ADMINISTRATION
SECTION 1.1 - SHORT TITLE
1.1.1 This By-law may be cited as the City of Owen Sound Property Standards Bylaw.
SECTION 1.2 - DEFINITIONS
In this By-law:
“Accessory Building” means a detached building or structure, not used for human
habitation, that is subordinate to the primary use of the same property.
“Adverse Health Effect” means acute or chronic injury, acute or chronic disease, or death;
“Apartment Building” means a building containing more than four dwelling units with
individual access from an internal corridor system.
“Approved” means acceptance by the Property Standards Officer.
“Basement” means that portion of a building that is partly below grade, but which has
at least one half of its height, from finished floor to finished ceiling, above the adjacent
finished grade.
“Bathroom” means a room containing a bathtub or shower with or without toilet and
basin.
“Cellar” means that portion of a building that is partly or wholly below grade and which
has more than one half of its height, from finished floor to finished ceiling, below
adjacent finished grade.
“City” means The Corporation of the City of Owen Sound.
“Dwelling” means a building or structure or part of a building or structure, occupied
or capable of being occupied, in whole or in part for the purpose of human habitation.
“Extensive Accumulation” means any single patch of mould covering an area

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By-law No. 1999-030

larger than 3 m2, or multiple patches of mould with a combined surface area
larger than 3 m2.
“Extermination” means the control and elimination of insects, termites, vermin,
rodents or other pests by eliminating their harbouring places; by removing or making
inaccessible or unpalatable materials that may serve as their food, by poison,
spraying, fumigating, trapping or by any other recognised and appropriate means of
pest elimination.
“Fence” means a structure at grade erected as a visual barrier or for the purpose of
dividing or separating open space, or for restricting access to or from an open space.
”Fire Escape” means an exit or a secondary means of exit from a building.
“First Storey” means that part of a building having a floor area closest to grade with
a ceiling height of more the 1.8 metres above grade.
“Garbage” means the animal and vegetable waste and related waste products
resulting from the handling, preparation, cooking and consumption of food or drink.
“Good Repair” means in such a condition so as to be free from potential of accident
or fire or other hazard, structurally sound, in good working order, capable of carrying
out its intended function, and not unsightly by reason of deterioration, damage or
defacement.
“Habitable Room” means any room in a dwelling unit used for or capable of being
used for living, eating, sleeping or cooking purposes.
“Medical Officer of Health” means the Medical Officer of Health for the Bruce-GreyOwen Sound Health Unit.
“Minor Accumulation” means 1 - 3 patches of mould, each less than 1 m2 (10
square feet) in size.
“Moderate Accumulation” means more than 3 patches of mould greater than
1 m2 but less than 3 m2 (32 square feet).
“Mould” means a multi-cellular spore-producing microorganism that obtains nutrients
from organic substrates and does not contain chlorophyll.
“Multiple Dwelling” means a building or combination of buildings containing two or
more dwelling units, or three or more rooming units, or a combination of rooming and
dwelling units totalling three or more, and which building or buildings are located on
the same lot and which lot is retained under one ownership, and shall include a lot
registered under the provisions of the Condominium Act, Chapter C.26, R.S.O. 1990,
as amended from time to time.
“Non-Habitable Room” means any room in a dwelling or dwelling unit other than a
habitable room, and includes a bathroom, a toilet room, laundry, pantry, lobby,
corridor, stairway, closet, boiler room, or other space for service and maintenance of
the dwelling for public use, and for access to a vertical travel between storeys and
basement or part thereof which does not comply with the standards of fitness for
occupancy set out in this By-law.
“Non-Residential Property” means a building or structure or part of a building or
structure not occupied in whole or in part for the purpose of human habitation, and
includes the lands and premise appurtenant and all of the outbuildings, fences or
erections thereon or therein.
“Officer” means a Property Standards Officer who has been assigned the responsibility
of administering and enforcing this By-law.
“Person” means an individual, firm, corporation, association, or partnership.
“Pests” includes rodents, vermin, termites and other injurious insects and for greater
clarity includes bedbugs.
“Residential Property” means any property upon which a building has been erected
containing within its walls one or more dwelling units or rooming units and which may
in addition contain other accessory uses, and includes a hotel, motel, tent, trailer,

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By-law No. 1999-030

mobile home, or other structures, the whole or any portion or which has been used,
is used, or is capable of being used for the purpose of human habitation.
“Rooming Unit” means one or more habitable rooms with shared sanitary, cooking or
eating facilities, or with no cooking or eating facilities, which are rented or are capable
of being rented to one or more persons for gain.
“Rubbish” means any combustible or non-combustible discarded or waste materials
except garbage and shall include debris and other refuse.
“Standards” means the standards of the physical condition and of occupancy
prescribed for property by this By-law.
“Structurally Sound” means construction capable of withstanding the forces acting
thereon when the building or structure is loaded in accordance with the provisions of
the Building Code and having a factor of safety equivalent to that required by the
Building Code.
“Toilet Room” means a room containing a water closet and a wash basin.
“Vacant or Abandoned Building” means a building or structure that is not used or
occupied in a continuous or ongoing manner for the purpose or purposes for which
the building or structure is suitably designed and/or intended.
“Ventilation” means the process of supplying or removing air by natural or mechanical
means to or from any space.
“Yard” means the lands, other than public highways around and appurtenant to the
whole or any part of a property used or intended to be used, or capable of being used
in connection with the property.
1.2.1

Where terms are not defined under the provisions of this By-law, they
shall have the meanings ascribed to them in the Building Code or, if not
defined in the Building Code, they shall have ascribed to them their
ordinarily accepted meanings or such as the context herein may imply.

SECTION 1.3 - APPLICATION
1.3.1

This By-law shall apply to all property within the corporate limits of the
City of Owen Sound under the authority of the City's Official Plan.

1.3.2

The standards for the maintenance and occupancy of property set forth
in this By-law are hereby prescribed and adopted as the minimum
standards for the City of Owen Sound.

Amended by By-laws 2009-054 and 2018-044
1.3.3
Notwithstanding the provisions of this By-law, the Property Standards
time, conduct a preliminary inspection of properties in the City, which
By-law at any property where the Officer views conditions that appear to
the Officer to contravene this By-law.
1.3.4

The preliminary inspection shall include the matters set out on Schedule
‘A’ under the heading “Observations of the Property Shall Include the
Following...’

1.3.5

The Officer shall not, without the consent of the Owner or Occupant of the
property, enter onto the said property to carry out the preliminary

1.3.6

Following the preliminary inspection of any property pursuant to
subsection 1.3.3 hereof, the Officer may, in writing, notify the Owner or
order that the said property will conform with the requirements in By-law
1999-030 insofar as the same are apparent to the Officer conducting the
preliminary inspection.

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1.3.7

By-law No. 1999-030

determine, the areas of the City where Preliminary Inspections will be

SECTION 1.4 - PROPERTY STANDARDS OFFICER
Amended by By-law 2008-128
1.4.1
Property Standards Officers for the Corporation of the City of Owen
Sound hereafter referred to as ‘the Officer’ shall be appointed by By-law
adopted by City Council.
SECTION 1.5 - PROPERTY STANDARDS COMMITTEE
1.5.1

The Committee of Adjustment for the City of Owen Sound shall serve as
the Property Standards Committee.

1.5.2

An officer who finds that a property does not conform with any standards
prescribed in this by-law may make an order,
(a)

stating the municipal address or legal description of such
property;

(b)

giving reasonable particulars of the repairs to be made or stating
that the site is to be cleared of all buildings, structures, debris or
refuse and left in a graded and level condition;

Amended by By-law 2008-050
(c)
indicating the time for complying with the terms and conditions of
the order and giving notice that, if the repairs or clearance is not
the repair of clearance at the owner’s expense.
(d)

indicating the final date for giving notice of appeal form the order.

Amended by By-laws 2013-030 and 2018-044
1.5.3
Every person wishing to appeal an Order made under section 15.2 (2) of
the Building Code Act, S.O. 1992 c.23, shall submit a notice of appeal in
the manner and within the time frame as prescribed in section 15.3 (1)
of the same act. All notices of appeal shall be filled out on the prescribed
form and accompanied by a non-refundable payment of the “Appeal –
Property Standards Order” fee as set out in the Fees and Charges Bylaw.
SECTION 1.6 - TRANSITIONAL RULES
1.6.1

After the date of the passing this By-law, By-law 1994-061, as amended,
shall apply only to those properties in which an Order has been issued
prior to the date of passing of this By-law, and then only to such
properties until such time as the work required by such Order has been
completed or any enforcement proceedings in respect of such Order,
been concluded.

SECTION 1.7 - CERTIFICATE OF COMPLIANCE
Amended by By-laws 2013-030 and 2018-044
1.7.1
Following the inspection of a property, the Officer may, or on the request
of the owner shall issue to the owner a Certificate of Compliance in the
prescribed form if, in the Officer's opinion, the property is in compliance
with the standards of this By-law. When the owner requests a Certificate
of Compliance, the owner shall pay to the City the “Certificate of
Compliance” fee as set out in the Fees and Charges By-law, which shall
be collected by the Officer at the time of the issuance of such certificate.
SECTION 1.8 - MAINTENANCE, REPAIR AND OCCUPANCY OF RESIDENTIAL
PROPERTY

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Page 5
1.8.1

No person shall maintain or permit to be maintained, occupy or permit
to be occupied, use or permit the use of, rent or offer to rent any
residential property which does not comply with the provisions and
regulations set forth in Part 2 and Part 3 of this By-law and any property
which does not comply, shall be repaired and maintained to comply with
the standards hereinafter set out in Part 2 and Part 3 of this By-law or
the site thereof shall be cleared of all buildings, structures, garbage and
rubbish, and left in a graded and levelled condition.

SECTION 1.9 - MAINTENANCE, REPAIR
RESIDENTIAL AND VACANT PROPERTY
1.9.1

By-law No. 1999-030

AND

OCCUPANCY

OF

NON-

No person shall maintain or permit to be maintained, occupy or permit
to be occupied, use or permit the use of, rent or offer to rent any nonresidential or vacant property which does not comply with the provisions
and regulations set forth in Part 2 and Part 4 of this By-law and any
property which does not comply, shall be repaired and maintained to
comply with the standards hereinafter set out in Part 2 and Part 4 of this
By-law, or the site thereof shall be cleared of all buildings, structures,
garbage and rubbish and left in a graded and levelled condition.

SECTION 1.10 - REMOVAL OF PLACARD
1.10.1

No person shall remove from any property any sign, notice or placard
placed thereon pursuant to Section 15.2(3) of the Ontario Building Code
Act, S.O. 1992, c.23.

SECTION 1.11 - PENALTIES AND ENFORCEMENT
1.11.1

An owner or corporation who fails to comply with an Order that is deemed
to be confirmed is guilty of an offence pursuant to the penalty provisions
of the Building Code Act, S.O. 1992, c.23.

SECTION 1.12 - VALIDITY
1.12.1

If any section of this By-law, or any amendments thereto, is for any
reason held to be invalid, the remaining sections shall remain in effect
until repealed.

1.12.2

Where provisions of this By-law conflict with the provisions of another
By-law in force in the City, the provisions that establish the higher
standards to protect the health, safety and welfare of the general public
shall prevail.

SECTION 1.13 - INTERCHANGEABILITY
1.13.1

Words used in the present tense include the future; words in the
masculine gender include the feminine and neuter; the singular number
includes the plural and the plural the singular.

SECTION 1.14 - HEADINGS NOT PART OF BY-LAW
1.14.1

The headings in the body of this By-law form no part of the By-law and
are inserted for convenience of reference only.

SECTION 1.15 – ADMINISTRATION FEE
Amended by By-laws 2008-050, 2009-023, 2011-116 and 2013-030
1.15.1
Supervision of the clearing of yards when the work required under an
order has not been done shall be billed to the property owner as set out in
the Fees and Charges By-law, as amended from time to time, under the
heading “Property Clean Up” for each staff person required on site with a
minimum two hour charge.
By-law 2011-116

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By-law No. 1999-030

1.15.2

A Property sub-search fee will be added to the municipal tax roll of any
property that a sub-search is obtained by the Officer, the amount of this
fee is specified in the City of Owen Sound Fees and Charges By-law.

1.15.3

A Work Order fee will be added to the municipal tax roll of any property
that has a Work Order issued by the Officer, the amount of this fee is
specified in the City of Owen Sound Fees and Charges By-law.

1.16

All fees and charges shall be recoverable in a like manner as taxes.

PART 2 -

MAINTENANCE, REPAIR AND OCCUPANCY OF ALL PROPERTY

SECTION 2.1 - GENERAL
SECTION 2.1.1 - SCOPE
2.1.1.1

The provisions of Part 2 of this By-law are applicable to all property
subject to this By-law.
SECTION 2.2 - LANDS AND OPEN SPACES
SECTION 2.2.1 - YARDS
2.2.1.1

All yards, including vacant property, shall be maintained in a good
condition and shall be:
a)

kept free from garbage, rubbish, brush, discarded materials and
other debris, except that which is stored in suitable, clean
receptacles for removal;

b)

kept free from noxious weeds and the excessive growth of other
weeds and grasses;

c)

kept free of all pests, and any condition, which might result in the
harbouring of such pests;
maintained free from dangerous holes or excavations;

d)
e)

protected by suitable ground cover which prevents erosion of the
soil, excluding areas used in connection with an active agricultural
or gardening operation;

f)

graded so as to be maintainable.

2.2.1.2

All trees in any yard or on vacant property shall be kept pruned so as to
be free from dead or dying branches, the collapse of which would be
capable of causing injury or damage. All dead trees and shrubs shall be
promptly removed from any yard or vacant property.

2.2.1.3

All hedges and ornamental shrubs in any yard or on vacant property shall
be pruned and trimmed so as not to present an unsightly appearance or
to extend beyond the limits of the property in such a way as to interfere
with the reasonable use of adjoining property and so as not to obstruct
windows, doors, drains, sidewalks, vents, or exits or entrances to
property.

2.2.1.4

All sodded and grass covered areas on any property shall be kept in a
good living condition and properly maintained including adequate cutting
or mowing so as not to present an unsightly appearance. For residential
property, lawns designed and intended to be mowed shall be maintained
such that grass does not exceed .1 metres in height, and for nonresidential property, lawns designed and intended to be mowed shall be
maintained such that grass does not exceed .15 metres in height.

2.2.1.5

Subject to the provisions of Section 4.2.4.1 of this By-law, no machinery,
vehicle, or other chattels including a boat, trailer or mobile home or parts
thereof, which are in a wrecked, discarded, dismantled or partially

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By-law No. 1999-030

dismantled or abandoned condition shall be parked, stored or left in any
yard or on vacant property.
2.2.1.6

No machinery, vehicle, other material or other object or condition not
associated with the normal occupancy and use of the property, including
among other things appliances, fixtures, indoor furniture, paper, cartons,
boxes or building materials such as lumber, masonry units or glass other
than that intended for immediate use on the property shall be stored or
allowed to remain in any yard or on vacant property.

2.2.1.7

Unused refrigerators or freezers shall not be stored in any yard or on
vacant property, but where kept temporarily in a yard awaiting removal,
the doors to the same must be securely locked or the hinges of the
refrigerator or freezer door removed.

2.2.1.8

Where refrigerators or freezers are used outside, the doors and/or lids
to the same shall be locked to prevent small children from gaining access
to them.

2.2.1.9

All wells located on any property shall be capped with a structurally
secure material such as concrete which can not be readily removed, and
which shall be maintained in good repair.

2.2.1.10

The occupant of a residential property may provide for compost heap(s)
provided that the compost heap is no larger than one square metre and
1.8 metres in height and is enclosed on all sides by concrete block, or a
forty-five gallon container, a metal or wooden frame building with a
concrete floor, or a commercial enclosed container designed for
composting. Compost heaps shall not emit odour(s) that are detectable
on any adjoining property.

SECTION 2.2.2 - DRAINAGE
2.2.2.1

All yards, including vacant property, shall be graded and maintained in
such a manner so as to prevent the excessive or recurrent ponding of
stormwater thereon, or the drainage of such water into any basement or
cellar, and shall be cultivated or protected with a suitable ground cover
to prevent erosion of the soil, provided however, that the grade level of
such lands shall not be altered so as to either impede the natural flow of
water through such property from any adjoining property, nor as to
cause the drainage of stormwater onto any adjacent property, unless
such alteration is in accordance with a grading plan approved by the City.

2.2.2.2

Stormwater run-off from all downspouts or impervious surfaces, and the
drainage of water from all swimming pools, shall be contained within the
limits of the property from which it originated until absorbed by the soil
or drained to a storm sewer or to a naturally created swale or
watercourse or to an artificially created ditch or watercourse that has
been approved or constructed by the City. Such drainage shall be
extended to take the stormwater run-off from all roof and other
artificially created impervious surfaces except that the aforementioned
extension may be omitted if appropriate measures are taken to ensure
that such stormwater run-off is self-contained on the property as
heretofore described, and further, that said stormwater will not collect
thereon in such a manner as to endanger or create nuisance to persons
on or adjacent to the property.

SECTION 2.2.3 - WASTE WATER
2.2.3.1

Sewage and water from waste pipes shall not be discharged onto the
surface of the ground, whether into a natural or artificial drainage system
or otherwise. All sewage and wastewater shall be discharged into the
City's sewerage system or a private sewage disposal system approved
by the Medical Officer of Health.

SECTION 2.3 - GENERAL PROVISIONS FOR BUILDINGS AND STRUCTURES

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By-law No. 1999-030

SECTION 2.3.1 - SAFETY SYSTEMS AND SUPPORT FACILITIES
2.3.1.1

All sprinkler systems, fire hoses, smoke detectors, fire extinguishers, fire
alarm systems and apparatus, exit signs and other equipment or facilities
installed in a building to provide protection from fire or other disaster
shall be maintained in good repair.

Amended by By-law 2008-050
2.3.1.2
All elevators and elevating devices, hoists, lifts, and moving walkways
and stairs shall be maintained in good repair. in accordance with
applicable Acts of the Province of Ontario.
SECTION 2.3.2 - UNSAFE BUILDINGS AND STRUCTURES VACANT AND
DAMAGED BUILDINGS
2.3.2.1

Any material forming part of the supporting structure of a building or
other structure, other than a farm-related accessory building or
structure, which shows evidence of decay or other deterioration shall be
repaired.

2.3.2.2

All collapsed or dilapidated buildings or structures, including buildings
and structures severely damaged by fire, explosion, or by any other
natural or unnatural force, shall be removed from the property.

2.3.2.3

Where any building or other structure has been damaged by fire,
explosion, or by any other natural or unnatural force;
a)

any remaining portion of the building or structure shall be
promptly removed or secured by bracing if there is a possibility of
collapse;

b)

temporary fencing shall be installed to secure the property to
prevent incidental entry by unauthorised persons; and

c)

all damaged materials shall be immediately removed from the
property, or temporarily placed within a building which shall be
secured to prevent entry by unauthorised persons.

Amended by By-law No. 2024-52
2.3.2.4

All vacant and abandoned buildings shall be secured against
unauthorized entry, and shall be maintained in a secured state with the
yards maintained in accordance with section 2.2 of this By-law.
All materials used to secure buildings damaged by fire, explosion, or
other unintended causes, shall be at least 12.7mm (1/2 inch)
weatherproof sheet plywood securely fastened to the building and
painted a colour reasonably matching the existing exterior of the building
and is acceptable to the Property Standards Officer.

2.3.2.3.1

For the purposes of section 2.3.2.3, windows, doors, hatchways,
skylights and other exterior openings through which entry may be
obtained into a vacant building are required to be:
a. maintained so as to properly perform their intended function and
closed and secured from unauthorized entry; or
b. entry shall be prevented by closing and securing an opening with any
of the following materials that are weather resistant, completely
cover the opening, and are securely fastened to the vacant building:
i.
wood sheathing of at least 12.7 millimetres plywood (or
equivalent product);
ii.
metal sheathing;
iii.
brick or concrete block and mortar; or
iv.
any other material approved by a Property Standards
Officer.

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By-law No. 1999-030

2.3.2.5

All collapsed or dilapidated buildings or structures, including buildings
and structures severely damaged by fire, explosion, or by any other
natural or unnatural force, shall be removed from the property.
No property shall be secured by means of boarding or similar enclosure
solely on the basis that the property or building, or a portion of such is
vacant or unoccupied.

2.3.2.6

If any building is vacant or unoccupied, the owner shall protect every
such building against the risk of fire, accident or other hazard and shall,
through the locking of entrances and other security measures, effectively
prevent the entrance thereto of all unauthorized persons.

2.3.2.7

For the purposes of section 2.3.2.8, “damage of a minor nature” shall
mean damage which does not materially interfere with the ability to
complete prompt repairs necessary to bring the building into conformity
with the requirements of this By-law.

2.3.2.8

Where any building or structure has damage of a minor nature to the
windows, doors, or openings of the building, and it is impractical to
immediately repair the opening, the owner of the property may
temporarily secure the building by covering any openings through which
entry may be obtained.

2.3.2.9

If, in the opinion of the Property Standards Officer, it is necessary to
secure a building or structure, the Officer may order the owner of the
building to secure the openings of the building in any manner necessary
to prevent unauthorized entry or further deterioration, to the satisfaction
of the Officer.

2.3.2.10

Within 60 days after a building has been secured pursuant to section
2.3.2.8 or 2.3.2.9, the owner of the property shall repair or replace any
windows, doors or openings of the building to conform to the standards
of this By-law, and shall remove the materials used to temporarily secure
the building.

2.3.2.11

A building or structure damaged by fire, explosion or other catastrophic
causes shall not remain secured for more than twelve (12) months. After
twelve (12) months has expired, the owner of the property shall, within
the next three (3) months:
a) obtain an active building permit and commence work to repair the
building or structure so that it complies with the standards of this bylaw; or
b) demolish the building or structure.

2.3.2.12

The time limits described in sections 2.3.2.10 or 2.3.2.11 do not apply
to a property that is:
a) subject to a valid building permit under the Building Code Act;
b) subject to an active development application under the Planning Act;
c) subject to the Ontario Heritage Act, R.S.O. 1990, c. O.18; or
d) subject to any orders, requirements, or enforcement action under any
applicable federal or provincial legislation, including a court order,
that requires that the property, building or structure be secured by
means of boarding.

SECTION 2.3.3 - SERVICES TO A VACANT BUILDING
2.3.3.1

Where a building remains unoccupied or vacant for a period of time
exceeding ninety (90) days, all utilities servicing the building except
those necessary for the safety or security of the building shall be properly
disconnected or otherwise secured, to prevent accidental damage to the
building or adjacent properties.

SECTION 2.3.4 - ACCESSORY BUILDINGS AND STRUCTURES

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2.3.4.1

All garages, carports, sheds, fences, radio and television towers, artificial
lighting standards, swimming pools, signs, awnings, retaining walls,
flagpoles, and other accessory buildings and structures shall be kept in
good repair.

2.3.4.2

All fences and other accessory structures shall be weather-resistant
through the use of a proper weather-resistant material including paint or
other preservatives, unless the aesthetic character is enhanced by the
lack of such material.

2.3.4.3

All outdoor children's play areas and fixed playground equipment shall
be maintained in good repair.

2.3.4.4

Outdoor lighting and indoor lighting that can be seen outdoors shall be
placed and maintained, or have barriers or shades placed and maintained
so as to prevent or block direct illumination of the interior of a dwelling
on adjacent property regardless of whether such dwelling has or may
have shades, drapes or other interior window coverings.

SECTION 2.4 - EXTERIOR MAINTENANCE OF BUILDINGS
SECTION 2.4.1 - EXTERIOR WALLS AND THEIR COMPONENTS
2.4.1.1

The exterior walls of a building and their components shall be maintained
so as to be weather-tight, free from loose or unsecured materials and
objects and in good repair.

2.4.1.2

The exterior walls of a building and their components shall be maintained
so as to retard deterioration due to weather, insects, or other causes.
Where necessary, exterior walls and their components shall be so
maintained by the painting, restoring, recovering with weatherproof
material, or repairing of coping or flashing, waterproofing of joints and
of the wall itself and other components, installing or repairing of termite
shields, treating the soil with chemicals or using other suitable means.

2.4.1.3

Appropriate measures shall be taken to remove any objectionable
markings, stains or other defacements occurring on the exposed finished
exterior surfaces of any structure, and where necessary, to restore the
surface and adjacent areas to, as near as possible, their appearance
before the marking, staining, or defacement occurred.

2.4.1.4.

Exterior surfaces of a building shall be kept clean.

2.4.1.5

The exterior façade of all buildings shall be kept in good repair and shall
be maintained so as to be free of loose or deteriorated paint and or
material that would be detrimental to the aesthetic appearance of the
building. The windows in any vacant building shall be maintained and be
free of missing and or broken glass or the openings be covered so as not
to present an unsightly appearance.

SECTION 2.4.2 - ROOF AND ROOF STRUCTURES
2.4.2.1

A roof of a building including the fascia board, soffit and cornice shall be
maintained in a water-tight condition so as to prevent leakage of water
into the building, and every fascia board, soffit and cornice shall be
maintained so as to retard deterioration due to weather. Maintenance
shall include the repair or replacement of broken, defective or
deteriorated components with the application of paint, or other
preservative, or covering with a weather-proof material.

2.4.2.2

A roof of a building shall be free from loose or unsecured or unsafe
objects and materials.

2.4.2.3

All radio and television aerials, lightning arrestors, air conditioning units,
stacks, pipes, vents and lighting or similar rooftop apparatus shall be
maintained in good repair.

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SECTION 2.4.3 - FOUNDATIONS
2.4.3.1

The foundation walls of a building or the foundation of any other
structure shall be maintained in good repair so as to prevent settlement
detrimental to the appearance or safety of the building or structure, or
the entrance of insects, rodents, or excessive moisture into the building
or structure.
Without limiting the generality of the foregoing,
maintenance shall include the shoring or underpinning of the walls,
installing subsoil drains at the footings, the grouting of masonry cracks,
waterproofing of the walls and joints, and the carrying out of such other
work as may be required to overcome any existing settlement
detrimental to the appearance or the safety of the building or structure.

SECTION 2.4.4 - EXTERIOR STAIRS, PORCHES, VERANDAS, AND BALCONIES
2.4.4.1

All exterior stairs, balconies, verandas, porches and every other similar
outside appurtenance of a building shall be maintained in good repair.

2.4.4.2

All balustrades, handrails and supporting structures to exterior stairs,
balconies, verandas, porches, and every other outside appurtenance of
a building shall be adequate to safely support persons using the same,
and the spindles shall be so placed as to meet the provisions of the
Building Code.

2.4.4.3

Where any exterior stairs, balcony, veranda, porch, or other similar
outside appurtenance of a building is replaced, the same shall be
constructed in compliance with the regulations contained within the
Building Code.

SECTION 2.4.5 - WINDOWS AND EXTERIOR DOORS
2.4.5.1

Windows, skylights exterior doors and basement or cellar hatchways of
a building shall be maintained in good repair, which includes the
repairing, replacing or restoring of defective or missing parts or
components and the application of paint or other preservative where
required.

2.4.5.2

All openable windows and all exterior doors shall have hardware so as to
be capable of being securely closed in order to prevent the entrance of
wind, rain and snow into the building.

2.4.5.3

Rotted or damaged doors, door frames, window frames, sashes and
casings and defective door and window hardware and broken window
glass shall be repaired or replaced.

2.4.5.4

Basement or cellar windows used or required for ventilation and every
other opening in a basement, cellar or crawlspace that might permit the
entry of vermin or injurious insects shall be screened with wire mesh or
other material that will effectively prevent vermin or injurious insects
from entering the building.

SECTION 2.4.6 - EAVESTROUGHING
2.4.6.1

Where eavestroughing is provided on a building, every eavestrough, roof
gutter and down pipe shall be maintained in good repair, which includes
the repairing, replacing or restoring of defective or missing parts or
components and the application of paint or other preservative.

SECTION 2.5 - INTERIOR MAINTENANCE OF BUILDINGS
SECTION 2.5.1 - WALLS, CEILING AND FLOORS
2.5.1.1

All walls, ceilings and floors, including columns, beams and other
supporting structures shall be maintained in good repair and be capable
of safely carrying out their intended function.

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2.5.1.2

The surface of every wall and ceiling in a building shall be maintained in
good repair.

2.5.1.3

Every floor in a building shall be maintained in good repair; further, floors
in all bathrooms, toilet rooms, and kitchens shall be maintained so that
the floors can be kept in a clean and sanitary condition.

2.5.1.4

The floors, ceilings and walls of every building shall be kept free from
such dampness or moisture as may constitute a danger to health or
safety, but this shall not apply to non-habitable rooms wholly or partly
below adjacent grade.

2.5.1.5

Every floor, wall, ceiling and fixture attached thereto in a building shall
be maintained in a sanitary condition.

2.5.1.6

Walls, floors and ceilings within common and public areas of a building
shall be kept free of defacement.

2.5.1.7

All interior doors and their hardware shall be kept in good repair.

2.5.1.8

Walls around a bathtub or shower, which are susceptible to being wet,
shall be maintained so as to be waterproof and readily cleaned.

SECTION 2.5.2 - FUEL BURNING APPLIANCES/EQUIPMENT, CHIMNEYS &
VENTS
2.5.2.1

All fuel burning appliances, heating, cooking, and cooling equipment and
appurtenances thereto located in or attached to a building shall be
installed, maintained in good repair and properly vented in order to:
a)

operate in a manner as to not present a safety hazard to the
building, its occupants, components or contents;

b)

prevent the heating of the surrounding combustible and structural
members above a safe temperature;

c)

prevent the entrance of gases or fumes into the building;

d)

have ample air supply to permit combustion.

2.5.2.2

All fuel shall be stored in a safe manner and where there are regulations,
which deal with the storage of, said fuel, such regulations shall be
complied with.

2.5.2.3

Every chimney, smoke pipe, flue and gas vent shall be maintained in
good repair so as to prevent the leakage of gases or fumes into a building
with all joints sealed and all broken or loose masonry repaired and kept
free of obstructions so as to be in a safe and fire resistant condition.

SECTION 2.5.3 - WATER AND SEWAGE FACILITIES
2.5.3.1

Where sewage facilities are provided to a building, the same shall be
kept in good repair at all times in order to adequately service such
building. Where sewage facilities cease to be required for any building
the same shall be closed off and all plumbing leading to the same capped
in order to prevent leakage or the escape of odours or gases therefrom.

2.5.3.2

All plumbing, including every drain pipe, water pipe, toilet, and other
plumbing fixtures in a building and every connecting line to the sewerage
system or other approved disposal method shall be maintained in good
repair.

2.5.3.3

All water pipes and appurtenances thereto shall be maintained in good
repair and shall be protected from freezing.

2.5.3.4

Each plumbing fixture shall be connected to the sewerage system or
other approved disposal method through a water seal trap. All unused

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plumbing, drains, and/or plumbing stacks shall be closed off to prevent
gas or odour from entering the building.
2.5.3.5

Adequate running water shall be provided for every standard flush type
toilet provided in a building.

2.5.3.6

Where a toilet is provided, a wash basin shall be provided in the same
or an adjoining room.

SECTION 2.5.4 - HEATING SYSTEM
2.5.4.1

Where a heating system is provided in or for a building, the same shall
be maintained in good repair, in accordance with recognised standards
so as to be capable of heating the building safely.

2.5.4.2

Heating appliances shall not be placed so as to constitute a fire hazard,
and shall be placed in accordance with the requirements of the Building
Code.

2.5.4.3

For purposes of Sections 2.5.4.1 and 2.5.4.2 of this By-law, a portable
heating unit or system shall not be considered a heating system or
heating appliance.

SECTION 2.5.5 - ELECTRICAL SERVICE
2.5.5.1

When an electrical service is provided to a building, the same including
all electrical fixtures, equipment and appliances located or used in the
building shall be maintained in good repair.

Amended by By-law 2008-050
2.5.5.2
Every electrical system within a building shall be maintained in good repair.
2.5.5.3

The capacity of the electrical service connection to a building and the
system of circuits distributing the electrical supply within the building
shall be adequate for the use and intended use of the building.

SECTION 2.5.6 - VENTILATION
2.5.6.1

Every bathroom or toilet room within a building shall be provided with
an opening or openings for natural ventilation located in an exterior wall
or through openable parts of skylights providing a minimum aggregate
unobstructed free flow area of .1 square metres, provided however that
an opening for natural ventilation may be omitted where a system of
mechanical ventilation has been provided, such as an electric fan with a
duct leading to outside the building, and which operates continuously or
is activated by the light switch for the bathroom or toilet room, or by
other approved means.

2.5.6.2

Where an aperture such as a window, skylight or louver is used for
ventilation in a building, the aperture shall be maintained so as to be
easily opened and closed, or kept open.

2.5.6.3

All systems of mechanical ventilation or air-conditioning in a building
shall be maintained in good repair.

SECTION 2.5.7 - EGRESS AND FIRE ESCAPES
2.5.7.1

All safety equipment relative to exits and means of egress, such as doors,
closures, co-ordinating devices, and astragals, smoke seals and
pressurised vestibules, latching devices, hinges and the like, shall be
maintained in good repair.

2.5.7.2

Stairways and landings shall be capable of supporting loads for which
they are intended, and shall be maintained in good repair, and shall be
kept clear and unobstructed.

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2.5.7.3

Balustrades and handrails on the main means of egress and supporting
structures shall be adequate to safely support persons using the facility.
Stairs, guards and hand railings on the main means of egress shall be
maintained in good repair and the spindles thereon shall be so placed so
as to meet the provisions of the Building Code.

2.5.7.4

Fire escapes shall be installed in compliance with the Building Code and
kept free of dangerous accumulations of snow and ice.

SECTION 2.5.8 - EXTERMINATION AND/OR FUMIGATION PESTS
2.5.8.1

All buildings shall be kept reasonably free from vermin, termites and
other injurious insects pests.

2.5.8.2

Where it is found that there is an infestation of insects or vermin within
until the infestation is eradicated in accordance with the provisions of the
Environmental Protection Act and the Pesticides Act of Ontario. Where
fumigation is to be undertaken, the owner of the building shall advise
the Owen Sound Fire Department prior to commencement of the
fumigation.

SECTION 2.5.9 – MOULD
2.5.9.1

Any accumulation of mould shall be immediately cleaned and removed
by the owner of a building.

2.5.9.2

No person shall occupy, or permit the occupancy of a building, or portion
thereof, where an extensive accumulation of mould exists which could
pose a health concern to any person who occupies the building, or
portion thereof.

2.5.9.3

Any condition in a building, including but not limited to water
penetration, humidity or inadequate ventilation, which relates to the
creation and growth of mould, shall be repaired, replaced or removed by
the owner of the building. The owner shall take all reasonable steps
necessary to prevent reoccurrence of mould growth.

2.5.9.4

If the mould accumulation is moderate or extensive, the Property
Standards Officer may order the owner to provide, at the owner’s
expense, a report prepared by a Certified Air Quality Assessment
professional, trained and knowledgeable in the field, detailing mould
spore samples and related air quality:
a) The report in section 2.5.9.4 will detail the extent of the mould
contamination, and remediation of mould removal, and any other
items as the Officer may deem necessary;
b) The owner will provide a copy of the report to the Property Standards
Officer;
c) The owner will undertake the appropriate remediation outlined in the
report; and,
d) The owner will provide a follow-up report which confirms that air
quality levels are consistent with a healthy environment, to the
satisfaction of the Property Standards Officer.

2.5.9.5 Notwithstanding any other provision of this By-law, section 2.5.9.1 and
2.5.9.2 shall not apply if the presence of mould is minor in nature and
relates to general maintenance and/or lifestyle.

SECTION 2.6 - GARBAGE AND RUBBISH
SECTION 2.6.1 - REFUSE STORAGE AND REMOVAL
2.6.1.1

All garbage and rubbish shall be stored in a sanitary manner in containers
of durable leak proof and non-absorbent material or plastic garbage bags
that can be effectively closed.

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2.6.1.2

Containers used to store or keep garbage or rubbish shall be cleaned as
necessary to ensure public health and safety and to eliminate the
potential of odours.

2.6.1.3

Garbage and rubbish shall not be permitted to accumulate and remain
on any property to an extent or for a length of time so as to constitute a
health or safety hazard. Garbage or rubbish stored on any property that
emits an odour that is detectable within a dwelling on the same lot or
within any yard on an adjoining property shall forthwith be removed.

2.6.1.4

Any container not located within an enclosed building which is used to
store or keep putrescible garbage shall have lids or other coverings for
all openings, which lids or other coverings shall remain closed at all
times.

PART 3 -

ADDITIONAL PROVISIONS RELATING TO MAINTENANCE, REPAIR
AND OCCUPANCY OF RESIDENTIAL PROPERTY

SECTION 3.1 - GENERAL
SECTION 3.1.1 - SCOPE
3.1.1.

The provisions of Part 3 of this By-law are special requirements that
relate only to residential property and are in addition to the provisions
of Part 2, which also apply to residential property.

SECTION 3.2 - MAINTENANCE OF RESIDENTIAL PROPERTY
SECTION 3.2.1 - FIRE SEPARATIONS
3.2.1.1

Where physically possible, where two dwelling units share one or more
common walls or floors/ceilings, whether the dwelling units are located
on the same lot or on separate lots, a fire rated separation between
dwelling units shall be maintained, which shall include the installation of
fire rated doors, frames and closures when required.

Amended by By-law 2008-050.
3.2.1.2
Where three or more dwelling units share one or more common walls or
floors/ ceilings, whether the dwelling units are located on the same lot
or on separate lots, a fire rated separation between dwelling units shall
be established and maintained.
SECTION 3.2.2 - HEATING AND HEATING SYSTEMS
3.2.2.1

Every dwelling shall be provided with a heating system capable of
maintaining a room temperature of 20 degrees Celsius at one (1) metre
above floor level and one (1) metre and more from exterior walls in all
habitable rooms, bathrooms, and toilet rooms when the temperature
outside the dwelling is -21 degrees Celsius.

Amended by By-law 2008-050.
3.2.2.2
Where a multiple dwelling contains a central heating system, the same
shall be located in a separate service room having minimum fire
separation from the remainder of the building.
SECTION 3.2.3 - ELECTRICAL SERVICE AND LIGHTING
3.2.3.1

Every dwelling shall be serviced with a safe and adequate supply of
electricity.

Amended by By-law 2008-050
3.2.3.2
Every habitable room in a dwelling shall have a sufficient number of
electrical outlets.
3.2.3.3

Every laundry area in a dwelling shall have a minimum of one (1)
electrical duplex convenience outlet, which shall be maintained in good
repair.

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3.2.3.4

Every bathroom, toilet room, kitchen, laundry area, furnace area, hall,
stairway, basement, cellar, elevator, and non-habitable work area in a
dwelling shall be provided with a permanent electrical light fixture that
shall be maintained in good repair.

3.2.3.5

All common halls, vestibules, ramps, enclosed or underground
automobile parking areas, interior and exterior points of ingress or
egress in multiple dwellings shall be provided with an adequate degree
of illumination at all times so as to ensure safe entry onto and use of
said areas.

SECTION 3.2.4 - NATURAL LIGHT
3.2.4.1

Every habitable room within a dwelling, except a kitchen, bathroom,
toilet room, storage room and den, shall have a window or windows,
skylights, translucent panels, or glass area of an outside door that faces
directly to the outside at least .15 metres above adjoining finished grade,
or above an adjoining roof, and that admits as much natural light as
would be transmitted through clear glass equal in area to 5 percent of
the floor area of the room.

SECTION 3.2.5 - VENTILATION
3.2.5.1

Every habitable room within a dwelling, except a living room or dining
room, shall have an opening or openings for natural ventilation, located
in the exterior walls or through openable parts of skylights, providing a
minimum aggregated unobstructed free flow area of .2 square metres,
provided however that an opening for natural ventilation may be omitted
if mechanical ventilation is provided which changes the total volume of
air once each hour.

3.2.5.2

Every attic, basement, cellar and unheated crawl space in a dwelling shall
be adequately vented to the outside. These areas shall be deemed to be
adequately vented when, in a basement or cellar, windows which can be
opened or screened openings are provided, the aggregate area of which
shall not be less than 1 percent of the floor area, and for an unheated
crawl space, a number of louvers with an insect screen of corrosionresistant material are provided.

SECTION 3.2.6 - KITCHEN FACILITIES
3.2.6.1

Every dwelling unit shall be provided with at least one (1) kitchen sink
maintained in good repair and attached to an approved means of sewage
disposal.

3.2.6.2

Every dwelling unit shall contain a kitchen area equipped with:
a)

at least one (1) sink served with hot and cold running water and
space for a stove and a refrigerator.

b)

suitable storage area of not less than 0.23 cubic metres,

c)

a counter or work area at least 0.61 m in width by 1.22 m in
length, exclusive of sink, and covered with a material that is
impervious to moisture and grease and is easily cleanable.

3.2.6.3

When a stove and/or refrigerator are provided in a dwelling, such
appliances shall be in good repair.

3.2.6.4

Every kitchen in a dwelling shall have provided an adequate and
approved gas, electrical or other fuel supply for cooking purposes.

3.2.6.5

Within a dwelling, there shall be at least .75 metres clear space above
any exposed cooking surface.

SECTION 3.2.7 - TOILET AND BATHROOM FACILITIES

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3.2.7.1

Except as otherwise provided in Section 3.2.7.4 of this By-law, every
dwelling unit and rooming unit shall contain at minimum one (1) wash
basin, one (1) bathtub or shower, and one (1) standard flush type toilet,
attached to an approved means of sewage disposal.

3.2.7.2

In a multiple dwelling, every wash basin, bathtub or shower required by
this By-law shall have an adequate supply of cold water and hot running
water capable of being drawn from the tap at a temperature of minimum
49 degrees Celsius.

3.2.7.3

In a multiple dwelling, every bathtub, shower and toilet shall be fully
enclosed within a room equipped with a door capable of being closed for
privacy, and shall be separated from any room that is used for the
preparation, cooking, storing or consumption of food, or for sleeping
purposes, and shall be located within the dwelling unit or rooming unit
except as otherwise provided in Section 3.2.7.4 of this By-law.

3.2.7.4

The requirements of Sections 3.2.7.1 and 3.2.7.2 of this By-law shall not
prevent the occupants of a residential property containing only rooming
units from sharing a toilet, wash basin, or bathtub or shower provided
that access to the toilet, wash basin, and the bathtub or shower is
available without going through a room or rooms of another rooming unit
and provided that at least one (1) toilet, one (1) wash basin and one (1)
bathtub or shower is supplied for each six (6) persons or fraction thereof,
who share the said facilities. This Section shall not apply to limit the
number of occupants of a rooming unit who have sole access to and
control over the facilities specified in Section 3.2.7.1 of this By-law.

SECTION 3.2.8 - EGRESS AND FIRE ESCAPES
3.2.8.1.

Every dwelling unit shall have a safe, continuous and unobstructed
means of egress from the interior of every dwelling or rooming unit to
the outside at grade level or a ground floor entrance. The egress to exit
shall be kept clear at all times and shall be as direct as practical, without
the necessity of passing through a room or rooms that is or are occupied
by or are under the control of any other dwelling or rooming unit, or
other exclusive occupancy in the building.

3.2.8.2

A means of egress as set out in Section 3.2.8.1 of this By-law shall not
pass through an attached or built-in-garage or an enclosed part of any
other building.

SECTION 3.2.9 - DRIVEWAYS, PARKING AREAS, AND WALKWAYS
Amended by By-law 2008-050
3.2.9.1
On every residential property all parking lots, driveways, sidewalks,
ramps, outside stairs and landings, and similar common areas that are
accessible to the public shall be free of potholes, large cracks, and
uneven surfaces that may be hazardous to pedestrians. Such areas shall
be graded to ensure adequate drainage, and shall be maintained in a
safe condition.
3.2.9.2

On every residential property all parking lots, driveways, sidewalks,
ramps, designated fire routes, outside stairs, fire escapes, and landings
shall be kept clear of dangerous accumulations of ice and snow.

3.2.9.3

On every residential property all parking lots, driveways, sidewalks,
ramps, outside stairs, fire escapes, and landings shall be lighted with an
adequate degree of illumination at all times so as to ensure safe use of
these said areas.

3.2.9.4

All off street parking areas and driveways on every residential property
shall be:
a)

constructed and maintained with a stable surface of asphalt,
concrete, brick, compacted crush stone or similar material capable

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of supporting the weight of motor vehicles and preventing the
raising of dust; and
constructed and maintained with a non-migrating hard surface or
non-migrating permeable surface material and treated to prevent
erosion and the raising of dust and loose particles. Surface cover
shall consist of asphalt, paving brick, concrete or similar hardsurfaced materials; and
b)

3.2.9.5

graded and drained so as to prevent surface water from being
directed onto abutting lands as a result of the construction of such
parking area or driveway unless such drainage is permitted
pursuant to a drainage plan approved by the City.

Section 3.2.9.4 shall not apply to an off street parking area or driveway
that meets the definition of permitted non-conforming or non-complying
uses in the City’s Comprehensive Zoning By-law in effect at that time.

SECTION 3.2.10 – WINDOW
3.2.10.1

All windows in a dwelling that are designed to open shall open easily
without the aid of special tools and shall be capable of remaining in an
open position without additional supports.

3.2.10.2

All openable windows in a dwelling shall be screened in order to prevent
the entry of insects, termites and other pests and all such screens shall
be properly latched or secured in order to prevent the easy removal or
opening by small children as provided for in the Building Code.

3.2.10.3

Where windows in a multiple dwelling are more than 3 metres from
adjacent ground level and are less than one (1) metre from the floor,
guards or restrictions shall be established, or such windows shall be
designed to withstand lateral loading so as to prevent small children from
falling through the window opening.

SECTION 3.2.11 - GARBAGE AND RUBBISH STORAGE
3.2.11.1

Every multiple dwelling shall have provided on the same lot therewith,
whether inside or outside of a building, an area designated for the
temporary storage of garbage and rubbish.

3.2.11.2

Where garbage or rubbish is stored inside a multiple dwelling, the
storage area, garbage chutes if any, and the receptacles shall be:

3.2.11.3

a)

kept in a clean and sanitary condition, washed and disinfected as
often as necessary to maintain a clean condition;

b)

enclosed so as to prevent the entry of insects, rodents and vermin
into the storage area;

c)

provided with the necessary screens and/or shields to prevent the
entry of insects or vermin into any portion of a dwelling; and

d)

ventilated so that no noxious odours enter any portion of the
dwelling.

All garbage and rubbish containers and receptacles kept on any
residential property shall be screened from view and shall be provided
with covers so that the material contained therein is not exposed to
public view or to insects or other pests.

SECTION 3.2.12 - LOCKING DEVICES
3.2.12.1

In a multiple dwelling, all doors to the exterior or to a common entrance
or exit system shall have locking devices installed and such devices shall
be maintained at all times in good repair and shall be openable from the
inside without requiring the use of a key or special tool.

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3.2.12.3

In a multiple dwelling, all windows or other openings through which
unauthorized entry can be gained to a dwelling unit or a rooming unit
shall be equipped with a locking or other appropriate security device for
use by the occupant.

3.2.12.4

In a multiple dwelling, locking devices which incorporate panic hardware
shall be used where necessary in accordance with the provisions of the
Building Code.

3.2.12.5

In residential buildings where there is a voice communication unit
working in conjunction with a security locking and release system
controlling a particular entrance door and installed between individual
dwelling units and a secured entrance area, the said system shall be
maintained in good working order at all times.

SECTION 3.2.13 - WATER FACILITIES
3.2.13.1

3.2.13.2

No dwelling unit or rooming unit in a multiple dwelling shall be let unless
the following water facilities are provided:
a)

Where the facilities of a municipal water system are located on the
street within thirty (30) metres of a multiple dwelling, every such
multiple dwelling shall be connected thereto, providing permission
for such connection can be obtained from the City's Public Utilities
Commission.

b)

Where the facilities of a municipal water system are not available
or connection to the system is for any reason not permitted by the
City's Public Utilities Commission or is not required by the City, a
multiple dwelling shall be supplied with an adequate supply of
potable running water in accordance with the requirements of the
Building Code.

If an adequate supply of potable running water is being used to service
a multiple dwelling from a source other than the municipal water system,
occupancy of a dwelling unit or rooming unit therein shall be permitted
notwithstanding the provisions of Section 3.2.13.1 a) of this By-law
provided:
a)

such system is approved in writing by the Medical Officer of
Health; and

b)

the water is tested annually and such test indicates that such
water is potable.

SECTION 3.2.14 - OCCUPANCY STANDARDS
3.2.14.1

The number of occupants in a dwelling unit or rooming unit of a multiple
dwelling shall not exceed 1 person for each 9.3 square metres of the
total floor area of all the habitable rooms within the dwelling unit or
rooming unit.

Amended by By-law 2008-050
3.2.14.2
For the purpose of computing the total floor area of the habitable rooms
in Section 3.2.14.1 of this By-law and the floor area in Section 3.2.14.3
of this By-law, the minimum ceiling height shall be 2.2 2.1 metres over
at least one half of the required floor area. Any part of the floor having
a clear height of less than 1.4 metres shall not be considered in
computing the required floor area. No room shall be considered a
habitable room if located so that more than one half its height is below
the level of the ground adjacent to its exterior walls.
3.2.14.3

No room in a multiple dwelling shall be used for sleeping purposes unless
it has a minimum width of 1.8 metres and a floor area of at least 7 square
metres, and further, a room used for sleeping purposes by 2 or more

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persons shall have a floor area of at least 4.6 square metres for each
person so using the room.
PART 4 -

ADDITIONAL PROVISIONS RELATING TO MAINTENANCE, REPAIR
AND OCCUPANCY OF NON-RESIDENTIAL PROPERTY

SECTION 4.1 - GENERAL
SECTION 4.1.1 - SCOPE
4.1.1.1

The provisions of Part 4 of this By-law are special requirements that
relate only to non-residential property and are in addition to the various
provisions of Part 2, which also apply to non-residential property.

SECTION 4.2 - MAINTENANCE OF NON-RESIDENTIAL PROPERTY
SECTION 4.2.1 - DRIVEWAYS, PARKING AREAS, AND WALKWAYS
4.2.1.1

On any non-residential property, all parking lots, driveways, sidewalks,
ramps, outside stairs and landings, and similar common areas that are
accessible to the public shall be free of potholes, large cracks, and
uneven surfaces that may be hazardous to pedestrians. Such areas shall
be graded to ensure adequate drainage, and shall be maintained in a
safe condition.

4.2.1.2

On any non-residential property, all parking lots, driveways, sidewalks,
ramps, designated fire routes, outside stairs, fire escapes, and landings
shall be kept clear of dangerous accumulations of ice and snow.

4.2.1.3

On any non-residential property, all parking lots, driveways, sidewalks,
ramps, outside stairs, fire escapes, and landings shall be lighted with an
adequate degree of illumination at all times so as to ensure safe use of
these said areas.

4.2.1.4

All offstreet parking areas and driveways on any non-residential property
shall be:
a)

constructed and maintained with a stable surface of asphalt,
concrete, brick, or other material capable of supporting the weight
of motor vehicles and preventing the raising of dust; and

b)

graded and drained so as to prevent surface water from being
directed onto abutting lands as a result of the construction of such
parking area or driveway unless such drainage is permitted
pursuant to a drainage plan approved by the City.

SECTION 4.2.2 - LIGHTING
4.2.2.1

All common halls, vestibules, ramps, stairs, elevators, enclosed or
underground automobile parking areas, interior and exterior points of
ingress and egress in any non-residential building shall be provided with
an adequate degree of illumination so as to ensure safe entry onto and/or
use of the said areas, but this requirement shall not apply to require such
lighting to be used if non-use of the required lighting achieves security
objectives, provided such lighting is available for use when required and
no public hazard is created by such non-use.

SECTION 4.2.3 - RESTROOMS
4.2.3.1

Rooms containing sanitary conveniences and toilet facilities shall be
cleaned regularly so as to be in a sanitary condition.

SECTION 4.2.4 - AUTOMOTIVE REPAIR AND SERVICE ESTABLISHMENTS
4.2.4.1

Notwithstanding the provisions of Section 2.2.1.5 of this By-law, any
business engaged in the repair of automobiles may store temporarily on

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the same lot therewith vehicles which may be in a wrecked condition that
are to be either repaired at the same premises or removed for disposal,
within the immediate future.
PART 5 - GENERAL
SECTION 5.1 - BY-LAWS REPEALED
5.1.1

By-law Numbers 1994-061 and 1994-124 are hereby repealed.

SECTION 5.2 - EFFECTIVE DATE
5.2.1

This By-law shall come into full force and effect upon the final passing
hereof.
FINALLY PASSED AND ENACTED this 1st day of March, 1999.
Signature on File
Mayor

Signature on File
Clerk

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SCHEDULE A
Amended by By-laws 2009-054 and 2018-044
exterior conditions of the property.
A Property Standards Officer may inspect the side and rear yards of a property
where it appears to the Officer, without entry onto the property, that there is a
contravention of the Property Standards By-law or other regulatory By-laws are
likely to exist.
Observations of the property shall include the following:










Condition of the entryway to the property, walkways, brick/stonework, pathways
leading to an entrance to the house
Condition of the yard
Fencing
Driveways and other accesses to the property
Front entrance including condition of any stairs, porches, verandas, entry ways as
visible through cursory observation
Exterior finish
Condition of and access to exterior windows and doors
Exterior soffit and fascia
Roofing and chimney

Page 61 of 74

By-law No. 202X-XXX

Vital Services By-law

Table of Contents
Part I. Short Title, Purpose and Scope ...................................................... 1
Short Title ............................................................................................ 1
Purpose................................................................................................ 1
Scope .................................................................................................. 2
Part II. Interpretation .............................................................................. 2
Headings .............................................................................................. 2
Gender and Number ............................................................................... 2
References to Applicable Law ................................................................... 2
Severability .......................................................................................... 2
Definitions ............................................................................................ 2
Part III. Requirements of Landlords ........................................................ 3
Landlord to provide Vital Services ............................................................. 3
Landlord not to discontinue Vital Services .................................................. 4
Tenant responsibilities ............................................................................ 5
Presumption ......................................................................................... 5
Part IV. Investigations ............................................................................. 5
Inspection ............................................................................................ 5
Order to discontinue activity .................................................................... 6
Work order ........................................................................................... 6
Notice .................................................................................................. 6
Remedial Action..................................................................................... 6
Emergency Situations ............................................................................. 7
Enforcement ......................................................................................... 7
Penalty ................................................................................................ 7
Part V. Conflict and Transition .................................................................. 8
Conflict ................................................................................................ 8
Repeal ................................................................................................. 8
Enactment ............................................................................................ 8

Consolidated Version
Revised and Verified ___, 202X
Revision History:

Passed On:

202X-XXX (Original)

[Date Passed]

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Consolidated for Convenience Only
This is a consolidation copy of a City of Owen Sound By-law for convenience and information.
While every effort is made to ensure the accuracy of this by-law, it is not an official version or a
legal document. The original by-law should be consulted for all interpretations and applications
on this subject. For more information or to view by-laws please contact the Clerks Department.

Page 63 of 74

The Corporation of the City of Owen Sound
By-law No. 202X-XXX
A By-law to require adequate and suitable
vital services for rental units
WHEREAS subsection 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, (the
“Act”) as amended, provides that powers of a municipality 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 subsection 11(1) of the Act provides that a municipality may
provide any service or thing that the municipality considers necessary or
desirable for the public; and
WHEREAS subsection 11(2) of the Act provides that a municipality may pass
by-laws respecting health, safety and well-being of persons, and protection
of persons and property, including consumer protection; and
WHEREAS section 446 of the Act provides that a municipality may proceed
to do things at a person's expense which that person is otherwise required to
do under a by-law but has failed to do and to recover the costs of doing so
by adding the costs to the tax roll and collecting them in the same manner
as property taxes; and
WHEREAS on June 18, 2007, the Council of the Corporation of the City of
Owen Sound (the “City”) passed By-law No. 2007-121 with respect to the
Heat By-law [old by-law, if applicable]; and
the subject by-law [in place of By-law No. XXX, in consideration of staff
report XXX [presented to the XXX Committee on XXX];
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
OWEN SOUND HEREBY ENACTS AS FOLLOWS:
Part I. Short Title, Purpose and Scope
Short Title
1.

This by-law shall be known as the “Vital Services By-law”.

Purpose
2.

This by-law has been enacted to:
a.

protect the health, safety, and well-being of tenants or
occupants of rental units by ensuring access to vital services;

b.

establish clear standards and responsibilities for property owners
and landlords regarding the provision of vital services; and

c.

ensure that the rental stock in the City maintains habitable
conditions.

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By-law No. 202#-###

Scope
3.

This by-law shall apply to all lands and premises within the City of
Owen Sound.
Part II. Interpretation

Headings
4.

The division of this by-law into parts and the insertion of headings are
for convenient reference only and shall not affect interpretation of the
by-law.

Gender and Number
5.

In this by-law, unless the contrary intention is indicated, words used in
the singular include the plural and words imparting a gender include all
genders, where applicable.

References to Applicable Law
6.

All references to applicable law are ambulatory and apply as amended
from time to time.

Severability
7.

In the event any provisions of this by-law are deemed invalid or void,
in whole or in part, by any court of competent jurisdiction, the
remaining terms and provisions shall remain in full force and effect.

Definitions
8.

For the purposes of this by-law:
“Adequate and Suitable Heat” means that the minimum temperature
of the air in the accommodation which is available to the tenant or
lessee is twenty (20) degrees Celsius at one and one-half (1.5) meters
from above floor level and one (1) meter from exterior walls in all
habitable space and in any area intended for normal use by tenants,
but excludes locker rooms and garages;
“Adequate and Suitable Supply of Hot Water” means a supply of hot
water at the ordinary temperature of at least forty-nine (49) degrees
Celsius for a period of ten (10) minutes or more;
“Adequate and Suitable Supply of Water” means a continuous and
uninterrupted supply of potable water of sufficient quantity for normal
use of kitchen, laundry, and bathroom facilities;
“Central Air Conditioning System” means a mechanical system
designed to cool air from a central location and to distribute it to and
from rooms by one or more fans and ductwork, and does not include
any portable air conditioning units or any window air conditioners;
“Council” means the Council of the City;
“City” means the City of Owen Sound and a reference to the City is a
reference to the geographical area of the City of Owen Sound or to the
Corporation of the City of Owen Sound as the context requires;
"Landlord" means and includes:
a.

the owner of a Rental Unit or any other person who permits
occupancy of a Rental Unit, other than a tenant who occupies a
Rental Unit in a residential complex and permits another person
to also occupy the unit or any part of the unit;
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b.

the heirs, assigns, personal representatives and successors in
title of a person referred to in clause a.; and

c.

a person, other than a tenant lawfully occupying a Rental Unit in
a residential complex, who is entitled to possession of the Rental
Unit and who attempts to enforce any of the rights of a landlord
under a tenancy agreement or applicable legislation, including
the right to collect rent.

“Municipal Act, 2001” means the Municipal Act, 2001, SO 2001, c. 25;
“Officer” means a person appointed by Council as a Municipal Law
Enforcement Officer, or a Police Officer, or other individual duly
appointed to enforce this by-law;
“Person” means an individual, corporation, partnership, association or
other legal entity, and the related heirs, executors, assignees and
administrators;
“Provincial Offences Act” means the Provincial Offences Act, RSO 1990,
c. P.33.;
“Rental Unit” means any living accommodation used or intended to be
used as a rented residential premises and, without limiting the
generality of the foregoing, includes:
a.

a site for a mobile home or site on which there is a land lease
home used or intended for use as a rented residential premises;
and

b.

a room in a boarding house, rooming house, short term rental,
or lodging house and a unit in a care home;

“Suitably Cooled Air” shall mean a maximum air temperature, in any
part of an accommodation that is normally used, of no more than
twenty-six (26) degrees Celsius that is achieved and maintained
without the use of portable air conditioning units or window air
conditioners;
“Tenant” includes a person who pays rent in return for the right to
occupy a rental unit and includes the tenant’s heirs, assigns and
personal representatives, but “tenant” does not include a person who
has the right to occupy a rental unit by virtue of being,
a.

a co-owner of the residential complex in which the rental unit is
located; or

b.

a shareholder of a corporation that owns the residential
complex;

“Vital Services” mean hot and cold water, fuel, electricity, gas, heat
and air conditioning;
9.

For clarity, a reference to Vital Services shall refer to all the defined
services, and a reference to a Vital Service shall refer to any of the
services outlined in the aforementioned definition.
Part III. Requirements of Landlords

Landlord to provide Vital Services
10.

Every landlord shall provide vital services for rental units, as provided
for in this by-law.

11.

Every landlord of a rental unit shall ensure that the rental unit:
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By-law No. 202#-###

a.

is provided with adequate and suitable heat between the 15th
day of September in each year and the 31st day of May of the
following year;

b.

is provided with a permanent heating equipment or system that
can maintain adequate and suitable heat at any time of the year
without the use of any portable or auxiliary units;

c.

if required to be provided with an air conditioning system by a
lease governing the rental unit between the tenant or lessee and
the landlord, is provided with a central air conditioning system
that is normally serviced with power supplied by or at the expense
of the landlord that maintains suitably cooled air between the 1st
day of June and the 14th day of September in each year;

d.

is provided with an adequate and suitable supply of water;

e.

is provided with an adequate and suitable supply of hot water;

f.

is provided with an adequate and suitable supply of electricity;
and

g.

is provided with an adequate and suitable supply of gas, unless
the rental unit is only equipped with a fuel-burning system in lieu
of gas, in which case an adequate and suitable supply of fuel
shall be provided.

Landlord not to discontinue Vital Services
12.

No landlord shall cause or allow the discontinuance of a vital service to
a rental unit, except:
a.

when it is necessary to safely make repairs or alterations to the
rental unit and then only for the minimum period necessary to
effect the repair or alteration;

b.

when a fuel-burning or powered system is being immediately
replaced by a gas-based system that will perform the same
function, or otherwise a gas-based system is being immediately
replaced by a fuel-burning or powered system that will perform
the same function; or

c.

when a lease between a tenant and the landlord for the rental
unit has been amended in writing to remove the requirement to
provide an air conditioning system for the unit, in which case the
air conditioning may be discontinued by the landlord in
accordance with the amendment.

13.

An officer may require that a landlord provide written confirmation
from a certified utility provider that the discontinuance of the vital
service is or was necessary to make repairs or alterations to the rental
unit.

14.

For the purpose of section 12, a landlord shall be deemed to have
caused the discontinuance of a vital service where the discontinuance
results from any act or omission of the landlord, including nonpayment of accounts, failure to maintain required equipment or
infrastructure, or failure to comply with applicable laws, codes,
permits, orders, or regulatory requirements necessary for the
provision of the vital service.

15.

No landlord shall advise a supplier of a vital service to bill a tenant
directly except where such tenant has expressly assumed the
obligation to pay for that service directly in a tenancy agreement.
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Tenant responsibilities
16.

For greater clarity, a landlord shall not be deemed to have caused the
discontinuance of a vital service for a rental unit if:
a.

the tenant is obligated to pay the supplier for the vital service
and fails to do so, and as a result of the non-payment, the vital
service is no longer provided for the rental unit.

b.

the tenant, another occupant of the rental unit, or a person
permitted in the residential complex by the tenant has caused,
whether intentionally or unintentionally, undue damage to any
equipment or component required to provide the vital service.

Presumption
17.

An owner of a property on which a non-compliance or contravention
which presumption may be rebutted by evidence to the contrary on a
balance of probabilities.
Part IV. Investigations

Inspection
18.

An officer may enter on land at any reasonable time for the purpose of
carrying out an inspection to determine whether the following are
being complied with:
a.

this by-law; or

b.

an order made under s. 431 of the Municipal Act.

19.

Despite section 18 of this by-law, an officer shall not enter or remain
in any room or place actually being used as a dwelling unless any of
the provisions of s. 437 of the Municipal Act have occurred.

20.

For the purposes of conducting an inspection pursuant to section 18 of
this by-law, the officer may, in accordance with the provisions of s.
436 of the Municipal Act:

21.

a.

require the production for inspection of documents or things
relevant to the inspection;

b.

inspect and remove documents or things relevant to the
inspection for the purpose of making copies or extracts;

c.

require information from any person concerning a matter related
to the inspection; and

d.

along with or in conjunction with a person possessing special or
expert knowledge, make examinations or take tests, samples or
photographs necessary for the purpose of the inspection.

Any cost incurred by the City in exercising its authority to inspect
under section 18 of this by-law, including but not limited to the cost of
any examination, test, sample or photograph necessary for the
purposes of the inspection, shall be paid by the owner of the property
where the inspection takes place. The City may recover the costs by
adding them to the tax roll and collecting them in the same manner as
municipal taxes.

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Order to discontinue activity
22.

Where an officer has reasonable grounds to believe that a
contravention of this by-law has occurred, the officer may make an
order requiring the person who contravened this 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.

23.

An order under section 22 of this by-law must set out:
a.

reasonable particulars of the contravention adequate to identify
the contravention and the location of the land on which the
contravention occurred; and

b.

the date by which there must be compliance with the order.

Work order
24.

Where an Officer has reasonable grounds to believe that a
contravention of this by-law has occurred, the Officer may make an
order requiring the person who contravened this by-law, or who
caused or permitted the contravention, or the owner or occupier of the
land on which the contravention occurred, to do work to correct the
contravention.

25.

An order under section 24 of this by-law must set out:

26.

a.

reasonable particulars of the contravention adequate to identify
the contravention and the location of the land on which the
contravention occurred;

b.

the work to be done; and

c.

the date by which the work must be done.

An order under section 24 of this by-law may require work to be done
even though the facts which constitute the contravention of this by-law
were present before this by-law came into force.

Notice
27.

28.

Any order issued pursuant to this by-law may be given in writing in
any of the following ways and is effective:
a.

on the date on which a copy is delivered to the person to whom
it is addressed;

b.

on the fifth day after a copy is sent by mail to the person’s last
known address;

c.

upon the sending of a copy by e-mail transmission to the
person’s last known email address; or

d.

posting on the premises, on the date of posting.

For the purpose of section 27, a person’s last known address and last
known email address are deemed to include information on the last
revised assessment roll and on any permit or license application
submitted pursuant to any by-law or program of the City.

Remedial Action
29.

If a person fails to do a matter or thing, including comply with an
order under by-law, as directed or required by this by-law, the City
may, in default of it being done by the person directed or required to
do it, do the matter or thing at the person's expense. The City may
recover the costs of doing a matter or thing from the person directed
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By-law No. 202#-###

or required to do it by action or by adding the costs to the tax roll and
collecting them in the same manner as municipal taxes.
30.

The costs outlined in section 29 of this by-law shall include interest
calculated at a rate of 15 per cent (15%) per annum, calculated for
the period commencing on the day the City incurs the costs and
ending on the day the costs, including the interest, are paid in full.

31.

The amount of the costs, including interest, constitutes a lien on the
land upon the registration in the proper land registry office of a notice
of lien. The lien is in respect of all costs that are payable at the time
the notice is registered plus interest accrued to the date the payment
is made. Upon receiving payment, the City will register a discharge of
the lien in the proper registry office.

Emergency Situations
32.

If an officer deems that an emergency exists or may exist as a result
of the discontinuation of any vital service being or about to become a
danger to the health and safety of any person, the officer may, without
prior notice to the landlord, take such measures on behalf of the
landlord to remove the danger or potential danger created by the
discontinuation of the vital service.

33.

Where an officer elects to take any action under section 32 of this bylaw, the expenses incurred by the city in so doing shall be recovered in
full in the manner provided for in this by-law.

Enforcement
34.

Any officer may enforce the provisions of this by-law.

35.

No person may hinder or obstruct, or attempt to hinder or obstruct,
any person who is exercising power or performing a duty under this
by-law.

36.

Every person shall comply with an order issued pursuant to this bylaw.

37.

An officer who has reasonable grounds to believe that a person has
contravened any provision of this by-law may require that person to
provide identification. Every person who is required by an officer to
provide identification must identify themselves to the officer by
providing their correct name, date of birth and address. Failure to
provide identification will constitute obstruction of the officer as per
section 35 of this by-law.

Penalty
38.

Every person who contravenes any provision of this by-law is guilty of
an offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act.

39.

Every person who contravenes any order issued pursuant to this bylaw is guilty of an offence and upon conviction is liable to a fine as
provided for in the Provincial Offences Act.

40.

If a corporation has contravened a provision of this by-law, including
an order issued under this by-law, every director and officer who
knowingly concurred in such a contravention is guilty of an offence.

41.

Pursuant to subsection 429(2) of the Municipal Act, all contraventions
of this by-law or orders issued under this by-law are designated as
continuing offences. If a contravention of any provision of this by-law
has not been corrected, or an order issued under this by-law has not
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been complied with, the contravention of such a provision or an order
shall be deemed to be a continuing offence for each day or part of a
day that the contravention remains uncorrected or an order not
complied with.
42.

On conviction of an offence under this by-law, every Person is liable to
a fine in accordance with the following rules pursuant to the Municipal
Act:
a.

to a fine of not less than $500.00 and not more than
$100,000.00;

b.

in the case of a continuing offence, for each day or part of a day
that the offence continues, the minimum fine shall be $500.00
and the maximum fine shall be $10,000.00, despite paragraph
(a), the total of all the daily fines for an offence is not limited to
$100,000;

c.

in the case of multiple offences, for each offence included in the
multiple offence, the minimum fine shall be $500.00 and the
maximum fine shall be $10,000.00, despite paragraph (a), the
total of all fines for each included offence is not limited to
$100,000.

43.

In addition to fines under this section, a person convicted of an offence
under this by-law may be liable to a special fine in the amount of the
economic advantage or gain that such a person obtained from the
contravention of this by-law. Notwithstanding section 42 above, a
special fine may exceed $100,000.

44.

Where a person is convicted of an offence under this by-law, the court
in which the conviction has been entered, and any court of competent
jurisdiction, thereafter, may make an order prohibiting the
continuation or repetition of the offence by the person convicted.
Part V. Conflict and Transition

Conflict
45.

In the event the provisions of this by-law are inconsistent with the
provisions of the Municipal Act or any other act or the regulations
thereunder, the provisions of the act or regulation prevail.

46.

If there is a conflict between a provision in this by-law and a provision
of any other municipal by-law, the provision that establishes the
highest standard to protect the health, safety and welfare of the
general public applies.

Repeal
a.

By-law No. 2007-121 is repealed.

Enactment
47.

This by-law shall come into full force and effect on the date it is
passed, at which time all by-laws, policies and resolutions that are
inconsistent with the provisions of this by-law are hereby repealed
insofar as it is necessary to give effect to the provisions of this by-law.
FINALLY PASSED AND ENACTED this X day of XXX, 202X.

Page 71 of 74

Page 9

By-law No. 202#-###

Mayor Ian C. Boddy

Briana M. Bloomfield, City Clerk

Page 72 of 74

CITY OF OWEN SOUND
PART I – PROVINCIAL OFFENCES ACT

Item

By-law No. 2026-xxx:
Vital Services By-law
COLUMN 1
Short Form Wording

COLUMN 2

COLUMN 3

Provision
Creating or
Defining Offence

Set Fine

s. 10

$500

1

Landlord fail to provide vital services for rental units

2

Landlord fail to provide adequate and suitable heat during required times

s. 11(a)

$500

3

Landlord fail to provide permanent heating equipment or system

s. 11(b)

$500

4

Landlord fail to provide suitably cooled air during required times

s. 11(c)

$500

5

Landlord fail to provide adequate and suitable supply of water

s. 11(d)

$500

6

Landlord fail to provide adequate and suitable supply of hot water

s. 11(e)

$500

6

Landlord fail to provide adequate and suitable supply of electricity

s. 11(f)

$500

7

Landlord fail to provide adequate and suitable supply of gas/fuel

s. 11(g)

$500

Page 73 of 74

Item

COLUMN 1

COLUMN 2

COLUMN 3

Short Form Wording

Provision
Creating or
Defining Offence

Set Fine

8

Landlord – cause or allow discontinuance of a vital service without lawful
excuse

s. 12

$500

9

Landlord – advise supplier of a Vital Service to bill a tenant directly

s. 15

$500

10

Hinder, obstruct, or attempt to hinder or obstruct person exercising
power or duty under by-law

s. 35

$500

11

Fail to comply with an order

s. 36

$1,000

NOTE: the general penalty provision for the offences listed above is section 38 of the By-law, a certified copy of which
has been filed.

Page 74 of 74

9 MATTERS POSTPONED There are no matters postponed.

MATTERS POSTPONED
There are no matters postponed.

10 MOTIONS FOR WHICH NOTICE WAS PREVIOUSLY GIVEN There are no motions for which notice was previously given.

MOTIONS FOR WHICH NOTICE WAS PREVIOUSLY GIVEN
There are no motions for which notice was previously given.

11 CORRESPONDENCE PROVIDED FOR INFORMATION There are no correspondence items being presented for information.

CORRESPONDENCE PROVIDED FOR INFORMATION
There are no correspondence items being presented for information.

12 DISCUSSION OF ADDITIONAL BUSINESS

DISCUSSION OF ADDITIONAL BUSINESS

13 NOTICES OF MOTION

NOTICES OF MOTION

14 ADJOURNMENT

ADJOURNMENT