By-law - Additional Residential Units Bylaw - 20241210 - 6660-24The Corporation of the Town of Aurora
By-law Number 6660-24
Being a By-law to require the registration of Additional Residential Units.
Whereas on November 28, 2022, the Government of Ontario approved Bill 23, the More
Homes Built FasterAct, 2022, which introduced changes to the Planning Act, s.o., 1990,
c. P.13, relating to Additional Residential Units;
And whereas section 1 6(3) of the Planning Act, prohibits municipalities from
implementing official plan policies which prohibit certain additional residential units,
and the Town has added policies to its Official Plan and Comprehensive Zoning By-law
to comply with these requirements;
And whereas section 8(1) of the MunicipalAct, 2001, s.o. 2001, c. 25, as amended,
provides that the powers of a municipality under any Act shall be interpreted broadly so
as to confer broad authority on municipalities to enable them to govern their affairs as
they consider appropriate, and to enhance their ability to respond to municipal issues;
And whereas section 11(2) of the MunicipalAct, 2001, authorizes municipalities to pass
by-laws respecting the health, safety and well-being of persons and the protection of
persons and property;
And whereas the Council for the Town enacted By-law Number 5429-1 2, being a By-law
to require the registration of Dwelling Units contained in second suites;
And whereas the Town deems it necessary and expedient to repeal By-law
Number 5429-12 and to establish new regulations for the registration of Additional
Dwelling Units;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1.Definitions
1.1. In this By-law, the following words have the following meanings:
(a) l'Additional Residential Unit" or 'IARU" means a unit that:
(i) consists of a self-contained set of rooms located in a building or
structure;
(ii) is used or intended for use as a residential premises, and
(iii) contains kitchen and bathroom facilities that are intended for the
use of the unit only,
located on the same lot as a Principal Dwelling, and which may either be
an Ancillary Unit or an Integrated Unit;
(b) 'lAdditional Residential Units Regulation" means O. Reg. 299/19 -
Additional Residential Units, under the Planning Act, as amended, or
successor legislation thereof;
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(c) "Administrative Penalty By-law" means the Town's Administrative Penalty
By-law, as amended, or its successor;
(d) 'lAncillary Unit" means a detached Additional Residential Unit that is
ancillary to an existing Principal Dwelling, located in the rear or interior
side yard of the Principal Dwelling, which is designed to be portable, and
which may also be referred to as an accessory dwelling unit, laneway
house, garden suite, or tiny home;
(e) "Application" means an Owner's application for the registration of one
Additional Residential Unit, together with any supporting plans,
documents, and drawings;
(f) l'Building Code Act" means the Building Code Act, 1992, s.o. 1992, c. 23,
as amended, or successor legislation, thereof;
(g) l'By-law" means this by-law, as amended from time to time;
(h) "Council" means the Council of The Corporation of the Town of Aurora;
(i) "Fees and Charges By-law" means the Town's Fees and Charges By-law,
as amended, or its successor;
(j) "Integrated Unit" means an Additional Residential Unit located within or
attached to an existing Principal Dwelling, and which may also be referred
to as a basement apartment, granny flat, or in-law suite;
(k) 'lMunicipal Act" means the MunicipalAct, 2001, s.o. 2001, c. 25, as
amended, or successor legislation thereof, including all regulations
thereto;
(l) '@Notice of Intent to Revoke" means a notice provided by the Registrar to
an Owner of impending revocation due to false information being provided
and/or due to non-compliance;
(m) l'Notice of Refusal to Register" means a notice provided by the Registrar
to an Owner indicating a rejection of their Application;
(n) "Officer" means any individual designated or appointed by the Town to
enforce this By-law, and includes:
(i) any Municipal Law Enforcement Officer of the Town;
(ii) the Chief Building Official of the Town;
(iii) any Fire Prevention Inspectors of the Central York Fire Services;
(iv) any inspector appointed pursuant to the Building Code Act; and
(v) and any police officer;
(o) "Ontario Building Code" means the building code, as amended from time
to time, as defined in the Building Code Act;
(p) l'Ontario Electrical Safety Code" means the Electrical Safety Code, 0. Reg-
1 64/99, under the ElectricityAct, 7 998, s.o. 1998, c. 15, Sched. A, as
amended, or successor thereof;
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(q) "Ontario Fire Code" means the fire code, as amended from time to time,
as defined in the Fire Protection and Prevention Act, 1997, s.o. 1997, c. 4,
as amended, or successor thereof;
(r) "Owner" means a Person, who is:
(i) the registered owner of a property containing one or more
Additional Residential Units;
(ii) an agent for the registered owner of a property containing one or
more Additional Residential Units; or
(iii) managing or receiving the rent from a property containing one or
more Additional Residential Units whether on the Person's own
account or as an agent or trustee of any other Person who would
receive the rent if the land or premises were leased;
(s) l'Person" includes an individual, corporation, partnership, or limited liability
partnership;
(t) 'lPlanning Act" means the Planning Act, R.S.O. 1990, c. P.13, as amended,
or successor legislation thereof, including all regulations thereto;
(u) "Principal Dwelling" means a detached house, a semi-detached house, or
a rowhouse on a parcel of residential land;
(v) 'lProperty Standards By-law" means the Town's Property Standards By-
law, as amended, or its successor;
(w) "Registrar" means the Town's Chief Building Official or their designate;
(x) "Three-Unit Dwelling" means a Principal Dwelling containing two
Integrated Units;
(y) l'Town" means The Corporation of the Town of Aurora or the land within
the municipal boundaries of the Town of Aurora, as the context requires;
(z) "Two-Unit Dwelling" means a Principal Dwelling containing one Integrated
Unit;
(aa) "Unit" means any Principal Dwelling, Ancillary Unit, or Integrated Unit;
(bb) IlZoning By-law" means The Zoning By-law of the Town of Aurora, as
amended, or its successor.
Requirements
2.1. A maximum of up to three Units,inclusive of the Principal Dwelling, are permitted
to be located on any given parcel of residential land, provided it is in the following
configuration:
(a) itisthePrincipalDwellingwithone(1)ortwo(2)IntegratedUnitsandno
Ancillary Unit; or
(b) itisthePrincipalDwellingwithnomorethanone(1)IntegratedUnit
and/or no more than one (1 ) Ancillary Unit.
By-law Number 6660-24 Page 4 of 12
2.2. Owners shall ensure that parking spaces for ARUs, if any, are in compliance with
all applicable laws, including the Planning Act, the Building Code Act, and the
Ontario Building Code.
2.3. All lots containing ARUs shall provide a minimum of a 1.2-meter-wide
travel from the entrance of each ARU to a
path of
public or private street, driveway, or
parking area. No encroachment is permitted to obstruct this path of travel. The
path may be shared and used jointly by more then one (1 ) Unit on the lot.
Registration
3.1. Every Owner shall register their ARU with the Town as required by this By-law.
Where more than one ARU is located on the same property, every ARU shall be
registered separately.
3.2. An Application for the registration of an ARU shall be accompanied by:
(a) a complete Application on the form prescribed by the Registrar;
(b) any supporting plans, documents, and drawings, as required or requested
by the Registrar; and
(c) the applicable registration fee as set out in the Fees and Charges By-law-
3.3. An Application shall be submitted to the Town in accordance with the
requirements set out in this By-law and as required by the Registrar. The form,
content, terms, conditions, and requirements of the Application for an ARU shall
be as prescribed by the Registrar from time to time and as required under this
By-law.
3.4. Upon receipt of an Application for an ARU and the requisite fee, the Registrar
shall make investigations as necessary to assess the Application and shall, in
accordance with and subject to the criteria, requirements, and grounds set out in
this By-law:
(a) approve the Application and register the ARU;
(b) in the case of an approved Application, impose such terms and conditions
on the Registration as deemed appropriate by the Registrar:
(i) for the protection of health, safety, and well-being of persons and
the economic, social, and environmental well-being of the
municipality;
(ii) to address concerns and opportunities presented by ARUs in the
municipality;
(iii) for the protection of any public infrastructure and private
properties;
(iv) for the purposes of administration of and compliance with the ARU
program and the operations of the Town, or
(v) to satisfy any requirements of this By-law or any other applicable
legislation; or
By-law Number 6660-24 Page 5 of 12
(c) refuse the Application for the registration of the ARU if:
(i) the Application is incomplete;
(ii) all of the information as required under this By-law is not provided
to the Town; or
(iii) the Application does not meet all the requirements of this By-law;
and provide written notice of such a decision to the Applicant.
3.5. If an Application is submitted which is incomplete or which does not include the
requisite applicable fees, the Town has no obligation to review or consider such
Application until such time as the Application is complete as required under this
By-law and the applicable fees are provided.
3.6. The Owner bears the onus of proving that an ARU meets the requirements of this
By-law and any other applicable laws to the Registrar's satisfaction.
3.7. The Registrar may deem an Application to be abandoned if all requirements of
registration pursuant to this By-law have not been fulfilled to the Registrar's
satisfaction within eighteen (1 8) months from the date that the Application was
submitted.
3.8. An Owner may re-apply for registration where an Application has been deemed
abandoned, subject to the requirements of this By-law, including payment of all
applicable fees.
3.9. The Registrar shall establish and maintain a record of all Applications filed, and a
registry of all Two-Unit Dwellings, Three-Unit Dwellings, and Ancillary Units
registered pursuant to this By-law.
3.10. An ARU once registered pursuant to this By-law remains registered without
further payment of any renewal or other fees unless registration is revoked
pursuant to this By-law.
Refusal
4.1. The Registrar may refuse to register an ARU which is not in compliance with any
one or more of the following:
(a) the Planning Act;
(b) the Additional Residential Units Regulation;
(c) the Ontario Building Code;
(d) the Ontario Fire Code;
(e) the Ontario Electrical Safety Code;
(f) the Town's Zoning By-law;
(g) the Town's Property Standards By-law;
(h) this By-law; or
(i) any other applicable laws or regulations, including municipal by-laws.
By-law Number 6660-24 Page6ofl2
4.2. Where the Registrar refuses to register an ARU, the Registrar shall provide the
Owner with a Notice of Refusal to Register, which shall include a brief written
explanation of the reason for refusal.
Revocation
5.1. The Registrar may revoke the registration of an ARU if:
(a) it was registered in whole or in part based on false information;
(b) the Owner requests that the Registrar revoke the registration; or
(c) it is not in compliance with one or more of the following:
(i) the Planning Act;
(ii) the Additional Residential Units Regulation;
(iii) the Ontario Building Code;
(iv) the Ontario Fire Code;
(v) the Ontario Electrical Safety Code;
(vi) the Town's Zoning By-law;
(vii) the Town's Property Standards By-law;
(viii) this By-law; or
(ix) any other applicable laws or regulations, including municipal by-
laws.
5.2. Where the Registrar intends to revoke registration of an ARU based on the criteria
in either paragraph (a) or (c) of subsection 5.1 of this By-law, the Registrar shall
provide the Owner with a Notice of Intent to Revoke which shall include a brief
written explanation of the reasons for revocation.
5.3. The Registrar's Notice of Intent to Revoke shall be sent:
(a) by electronic mail to the Owner's e-mail address included in the
Application; and
(b) in accordance with the requirements for service as stipulated in this By-
law.
5.4. Upon receipt of a Notice of Intent to Revoke, the Owner shall have sixty (60) days
to remedy or otherwise resolve the issue identified in the Notice of Intent to
Revoke.
5.5. Where the Owner fails to remedy or otherwise resolve the issue identified by the
Registrar in the Notice of Intent to Revoke, to the Registrar's satisfaction and in
compliance with this By-law, the Registrar may, at any time after the prescribed
sixty (60) day period outlined in subsection 5.4 has passed, provide the Owner
with written confirmation of the decision to revoke registration:
(a) by electronic mail to the Owner's e-mail address included in the
Application; and
By-law Number 6660-24 Page 7 of 12
(b) in accordance with the requirements for service as set out in this By-law.
5.6. If the Registrar has issued a written confirmation of revocation of registration of
an ARU, the Owner may re-apply to register the ARU subject to complying with the
requirements of this By-law, including providing a new Application and paying the
applicable fees.
Municipal Addressing
6.1. Upon registration of an ARU, the Town shall assign a municipal address to
indicate that the residential lot contains an ARU, and the Owner shall be required
to display signage indicating the municipal address in accordance with the
Town's Street Numbering By-law, as amended or the successor thereto.
Service of Documents
7.1. Other than an order as outlined in section 10 of this By-law, service of all other
documents provided for under this By-law, including a Notice of Intent to Revoke,
shall be given in writing and served in one of the following ways:
(a) by being delivered personally to the Person to whom it is addressed, with
service being deemed effective immediately upon delivery;
(b) by registered mail to the Person's last known address, with service being
deemed effective on the 5th day after a copy is sent by registered mail; or
(c) where service is unable to be done under subsections (1 ) or (2), notice
may be given by placing a placard containing the terms of the document in
a conspicuous place on the property to which the document relates and
this shall be deemed to be sufficient service on the Person.
Administration and Enforcement
8.1. The Registrar is delegated the power and shall be responsible for administering
and enforcing this By-law, including the power to register, refuse to register, and
to revoke the registration of any ARU, and the authority to prescribe the content
and form of the Applications, and the forms or other documents required under
this By-law.
8.2. Any decision or notice of the Registrar pursuant to this By-law shall be final
without a right to appeal to Council.
8.3. The Registrar and the Officers are hereby delegated the authority to enforce this
By-law, including the authority to conduct inspections and investigations under
this By-law, the Municipal Act, and any other applicable By-law or legislation.
8.4. The Registrar is authorized to delegate responsibilities for the administration and
enforcement of this By-law to any Town staff or external third parties deemed to
be qualified and appropriate by the Registrar for such purposes.
8.5. For the purpose of section 23.2(4) of the Municipal Act, Council considers the
delegation of powers to the Registrar pursuant to this By-law, including the
powers to register, refuse to register, and revoke the registration of an ARU, to be
of a minor nature.
By-law Number 6660-24 Page8ofl2
Power of Entry, Inspection, Prohibitions
9.1. By submitting an Application, the Owner consents to an inspection by an Officer
who may at any reasonable, mutually-agreed-upon time, enter upon the ARU to
ensure that the following are being complied with:
(a) this By-law;
(b) any permit issued pursuant to this By-law;
(c) any direction or order issued pursuant to this By-law; or
(d) an order issued under section 431 of the Municipal Act.
9.2. Without limiting and in addition to any other rights under this By-law, an Officer,
or any other individual authorized to enforce this By-law on behalf of the Town,
may at any reasonable time enter upon any land for the purpose of carrying out
an inspection to determine whether the following are being complied with:
(e) this By-law;
(f) any permit issued pursuant to this By-law,
(g) any direction or order issued pursuant to this By-law; or
(h) an order issued under Section 431 of the Municipal Act.
9.3. Where an inspection is conducted pursuant to this section, an Officer or any
other individual authorized to enforce this By-law on behalf of the Town, may:
(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 and extracts;
(c) require information from any Person concerning a matter related to the
inspection; and
(d) alone or in conjunction with a Person possessing special or expert
knowledge, make examinations and/or take tests and/or photographs as
necessary for the purpose of the inspection.
9.4. No.Person shall hinder or obstruct or attempt to hinder or obstruct the Town,its
employees, Officers, or agents from carrying out any powers or duties under this
By-law.
g.s. No Person shall fail to comply with, or contravene, any order or direction issued
pursuant to this By-law or the Municipal Act.
9.6. Where an Officer, or an individual authorized to enforce this By-law, has
reasonable grounds to believe that an offence has been committed by any
Person, they may require the name, address, and proof of identity of that Person,
and the Person shall supply the required information.
9.7. No Person shall decline or neglect to give, produce, or deliver any information,
document, or other thing that is requested by the Town pursuant to this By-law.
By-law Number 6660-24 Page9of12
g.s. No Person shall knowingly make, participate in, assent to, or acquiesce in the
provision of false information in a statement, affidavit, Application, or other
document prepared, submitted, or filed under this By-law.
10.Orders
10.1. Where any Officer is satisfied that a contravention of this By-law has occurred,
such Officer may make an order requiring the Person who caused or permitted
such contravention, or the Owner of the ARU on which the contravention
occurred, to discontinue the contravening activity and/or to do work to correct
the contravention.
10.2. An order pursuant to this section shal set out the following:
(a) particulars identifying the location of the land on which the contravention
occurred;
(b) particulars of the contravention;
(c) what is required of the Person subject to the order (i.e., what activity is to
be seized and/or actions or work to be done to correct the contravention);
(d) the date by which there must be compliance with the order and/or, if any
work is ordered, the date by which any such work must be completed; and
(e) information regarding the Town's contact person.
10.3. An order pursuant to this section shall be deemed to have been received upon:
(a) personal service of the order on the Person subject to the order;
(b) one day after transmission of the order through electronic means to an
email or social media address provided by the Person subject to the order;
(c) one day after posting the order in a conspicuous location on the property
subject to the order; or
(d) the fifth (5th) day after the order is sent by registered mail to the last
known address of the Person who is subject to the order.
11. Remedial Action and Cost Recovery
11.1. Wherever this By-law or an order issued under this By-law directs or requires any
matter or thing to be done by any Person within a specified time period, if the
Person directed or required to take such action fails to do so, the action may be
taken under the direction of the Registrar or an Officer at that Person's expense
and the Town may recover the costs incurred through a legal action or by
recovering the costs in the same manner as taxes.
11.2. For the purposes of taking remedial action under this section, the Town,its staff,
and/or its agents, may enter, at any reasonable time, upon any lands on which a
default to carry out a required thing or matter occurred.
By-law Number 6660-24 Page 10 of 12
12. Offences and Penalties
12.1. 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, R.S.0. 1990, c. P. 33, as amended.
12.2. Every Person who contravenes any order issued pursuant to this By-law is guilty
of an offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act, R.S.0. 1990, c. P. 33, as amended.
12.3. 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 or
acquiesced to such a contravention is guilty of an offence.
12.4. 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 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.
12.5. OnconvictionofanoffenceunderthisBy-law,everyPersonisliabletoafinein
accordance with the following rules pursuant to the Municipal Act:
(a) to a fine of not less than S500.00 and not more than S1 00,000.00;
(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 S500.00 and the maximum
fine shall be Sl o,ooo.oo, and despite paragraph (a), the total of all the daily
fines for an offence is not limited to S1 00,000.00;
(c) in the case of multiple offences, for each offence included in the multiple
offence, the minimum fine shall be S500.00 and the maximum fine shall
be Sl o,ooo.oo, and despite paragraph (a), the total of all fines for each
included offence is not limited to S1 oo,ooo.oo.
12.6. 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 subsection 12.5 above, a special fine may
exceed Sl oo,ooo.oo.
12.7. 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.
13. Administrative Penalties
13.1. Instead of laying a charge under the Provincial Offences Act, R.S.0. 1990, c. P. 33,
as amended, for a breach of any provision designated under the Administrative
Penalty By-law, an individual authorized to enforce this By-law on behalf of the
Town may issue an administrative penalty to the person who has contravened
this By-law.
By-law Number 6660-24 Page 11 of 12
13.2. Individuals authorized to enforce this By-law on behalf of the Town have the
discretion to either proceed by way of an administrative penalty or a charge laid
under the Provincial Offences Act, R.S.0. 1990, c. P.33. If an administrative
penalty is issued to a person for the breach, no charge shall be laid against that
same person for the same breach.
13.3. The amount of the administrative penalty for a breach of a provision of this By-
law shall be as established pursuant to the Administrative Penalty By-law, and
each day on which a contravention has not been corrected shall constitute a new
and separate offence.
13.4. A person who is issued an administrative penalty shall be subject to the
procedures as provided for in the Administrative Penalty By-law.
14. Presumption
14.1. AnOwnerofapropertyonwhichanon-complianceorcontraventionhas
occurred shall be presumed to have carried out or caused or permitted to be
carried out the non-compliance or contravention, which presumption may be
rebutted by evidence to the contrary on a balance of probabilities.
15. Interpretation and Application of this By-law
15.1. This By-law shall be known and cited as the €'Additional Residential Units By-law".
15.2. The provisions of this By-law shall apply to all lands and premises within the
Town.
15.3. Unless otherwise specified, references in this By-law to parts, sections,
subsections, clauses, and schedules are references to parts, sections,
subsections, clauses, and schedules in this By-law.
15.4. The part and section headings contained throughout this document are for
reference purposes only and do not form a part of this By-law. This By-law is to
be interpreted without reference to such headings.
1 s.s. References in this By-law to any statute or statutory provisions include
references to that statute or statutory provision as it may from time to time be
amended, extended, or re-enacted.
15.6. References in this By-law to items in the plural include the singular, and
references to the singular include the plural, as applicable.
15.7. The words l'include", "includes", l'including" are not to be read or interpreted as
limiting the words, phrases, or descriptions that precede it.
15.8. If a court of competent jurisdiction declares any provision, or any part of a
provision, of this By-law to be invalid or to be of no force and effect, it is the
intention of the Town in enacting this By-law that such provision or part of a
provision shall be severable, and such a decision shall not affect the validity of
the remaining sections, subsections, clauses, or phrases of this By-law.
1 s.g. This By-law and the provisions contained within are intended to be
complementary to other by-laws passed by Council and in the event that any
other applicable law requires a higher standard than the provisions contained in
this By-law, the higher standard shall apply.
By-law Number 6660-24 Page 12 of 12
16. Repeal and Transition
16.1. By-law Number 5429-12 be and is hereby repealed.
16.2. Two-Unit Dwellings or Ancillary Units previously registered pursuant to repealed
By-law Number 5429-1 2 shall be deemed to be registered under this By-law and
will be included on the registry, and thereafter will be subject to this By-law,
including being subject to revocation of registration and, if applicable, the
requirement to re-apply for registration.
17. Effective Date
17.1. This By-law comes into full force and effect on the date of final passage hereof.
Enacted by Town of Aurora Council this lath day of December, 2024.
Tom Mrakas,Mayor
A,44
Michael de Rond, Town Clerk