HomeMy WebLinkAboutBy-law 8040/23The Corporation of the City of Pickering
By-law No. 8040/23
Being a by-law to provide for the registration of additional
dwelling units in the City of Pickering.
Whereas Section 16(3) of the Planning Act, S.O., 1990, c. P.13, as amended, requires
municipal official plans to not prohibit the use of up to two additional dwelling units on a lot;
And whereas Section 35.1(1) of the Planning Act, S.O., 1990, c. P.13, as amended, requires
that no by-laws passed under section 34 may prohibit the erection or location of up to two
additional dwelling units on a lot;
And whereas Section 8(1) of the Municipal Act, S.O. 2001, c. 25, as amended, (Municipal Act,
2001) 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) (6) and (8) of the Municipal Act, 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 of The Corporation of the City of Pickering considers it important to
enact a by-law to require the registration of additional dwelling units in the City of Pickering in
order to protect persons, property and the health, safety and well-being of Pickering residents;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1.Definitions
In this By-law,
(1)“Accessory” means a use or building naturally or normally incidental to,
subordinate to or exclusively devoted to a principal use or building and located
on the same lot as the principal use or building;
(2)“Additional Dwelling Unit” means a self-contained unit in a detached dwelling,
semi-detached dwelling, block townhouse dwelling unit, street townhouse
dwelling unit, or in a building accessory to a detached dwelling, semi-detached
dwelling, block townhouse dwelling unit, and street townhouse dwelling unit on
the same lot. The additional dwelling unit shall consist of one or more rooms that
are designed, occupied or intended for residential occupancy, by one or more
persons as an independent and separate residence in which cooking facilities,
sleeping facilities and sanitary facilities are provided for the exclusive use of such
person or persons.
(3)“Applicant” means a person who applies for registration of an additional dwelling
unit and includes any person authorized in writing by an owner to apply for a
two-dwelling unit property registration certificate on the owner’s behalf;
By-law No. 8040/23 Page 2
(4)“Building” means a structure occupying an area greater than 10.0 square metres
and consisting of any combination of walls, roof and floor but shall not include a
mobile home;
(5)“City” means The Corporation of the City of Pickering or the geographical area,
whatever the context requires;
(6)“Inspector” means a Building Inspector, Municipal Law Enforcement Officer or
Fire Inspector employed by the City of Pickering;
(7)“Owner” means the registered owner of the land on which the additional dwelling
unit(s) is (are) situated;
(8)“Registrar” means the Chief Building Official of the City of Pickering or their
designate;
2.Prohibition
No person shall occupy or permit the occupancy of an additional dwelling unit unless
the owner registers the property as required by this By-law.
3.Registration Applications
(1)To obtain registration, the owner or their applicant shall:
(a)submit a completed application on a form provided by the City;
(b)pay the prescribed fee in the amount as set out in Schedule “A” to this
By-law, or as amended by the approved Summary of Fees and Charges
By-law;
(c)arrange for an inspection of the additional dwelling unit by an Inspector, and
demonstrate compliance with all relevant standards set out in the Building
Code Act, Ontario Building Code, Fire Protection and Prevention Act,
Ontario Fire Code, as amended from time to time; and
(d)provide bona-fide evidence that the use of the property for the purposes of
more than one dwelling unit meets the applicable zoning provisions, or are
exempt from such provisions under the terms of the Planning Act, 1990;
(e)mount the address of the additional dwelling unit on the wall of the building
that faces a public street. The address numbers should measure no less
than 150mm in height. The mounted address should also identify the
location of the door to the additional dwelling unit.
(2)A property which has received approval for an additional dwelling unit through
the issuance of a building permit or change of use permit under the Building
Code Act and Ontario Building Code, is exempt from the requirements of (1)(c)
and (d) of this section where such permit explicitly authorized such use and
satisfactory final inspections have been completed.
By-law No. 8040/23 Page 3
(3)The issuance of a building permit for structural or material alterations in
accordance with the Fire Protection and Prevention Act and Ontario Fire Code, is
applicable to the requirements of (1)(c) and (d) of this section.
(4)The Registrar shall issue a registration certificate for an additional dwelling unit
except where the additional dwelling unit proposed for registration does not
comply with the requirements of 5(1) of this By-law or any other applicable law,
as determined by the Registrar.
4.Register
(1)The Registrar shall maintain a written or electronic record respecting each
additional dwelling unit for which a registration certificate has been issued. Each
record shall include, at a minimum, the following particulars:
(a)the municipal address of the additional dwelling unit;
(b)the location of the additional dwelling unit on the lot (i.e., in the principal
dwelling or within an accessory building); and
(c)the registration date of the additional dwelling unit.
5.Refusal and Revocation of Registration
(1)The Registrar may refuse to register an additional dwelling unit unless the
Registrar is satisfied that the following conditions have been met:
(a)the application for registration has been prepared and submitted, including
payment of registration fees;
(b)the additional dwelling unit complies with all standards applicable at the time
of registration, and which may be prescribed by any of the following:
•the City’s Zoning By-law;
•the City’s Property Standards By-law;
•the Building Code Act, 1992, SO 1992, c 23;
•the Ontario Building Code, O Reg. 332/12;
•the Fire Protection and Prevention Act, 1997, SO 1997, c 4; and
•the Ontario Fire Code, O Reg. 213/07:
(2)The Registrar may revoke the registration of an additional dwelling unit which, at
any time after registration, ceases to meet the requirements set out in this By-law
or other applicable law, or where the Registrar determines that the registration
certificate was issued based on false or misleading information.
(3)Where the Registrar refuses or revokes the registration of an additional dwelling
unit, notice stating the reason for the refusal or revocation shall be given to the
owner of the property by regular mail.
6.Administration of this By-law
The Registrar may designate such persons as are necessary to administer this By-law.
By-law No. 8040/23 Page 4
7.Offences and Penalties
(1)Any person, other than a corporation, who contravenes the provisions of this
By-law is guilty of an offence, and upon conviction, is liable:
(a)on a first conviction, to a fine of not more than $10,000.00; and
(b)on any subsequent conviction, to a fine of not more than $25,000.00.
(2)A corporation that contravenes any provision of this By-law, is guilty of an
offence, and upon conviction, is liable:
(a)on a first conviction, to a fine of not more than $25,000.00; and
(b)on any subsequent conviction, to a fine of not more than $50,000.00.
8.Repeal
(1)By-law 7579/17, as amended, is repealed.
By-law passed this 25th day of September, 2023.
_Original Signed By_______________________________
Kevin Ashe, Mayor
_Original Signed By_______________________________
Susan Cassel, City Clerk
Schedule “A” to
By-law 8040/23
Registration Fee of an Additional Dwelling Unit: $500.00