Windsor : Règlement no 115-2022, art. 2.1 — In this By-law

In this By-law:

• "Applicant" means a Person seeking to become licensed under this By- law (i.e., become a licensee) and who, either in person or through an Authorized Agent, makes such an application; "Authorized Agent" means a Person authorized in writing by an Applicant or licensee to act on behalf of such Applicant or licensee for the identified purpose of making an application, renewing a Licence, or otherwise complying with the provisions of this By-law; "Bed-and-Breakfast or Guest House Establishment" means a home- based business for the temporary accommodation of the traveling public located within a single detached dwelling which is occupied on a full-time basis by the owner of such single detached dwelling or the principal shareholder (or one of them if more than one shareholder holds the greatest number of shares) of the corporation registered as the legal owner of the building, including during the time the Bed-and-Breakfast or Guest House is in operation, and shall contain at least one (1) bedroom for the exclusive use of the owner and at least two (2) accessory guest rooms for use in the Bed-and-Breakfast or Guest House operation, and shall mean and include any Bed-and-Breakfast or Guest House legally established under any predecessor by-law, but shall not include a Lodging House, Hotel, or Short-Term Rental; "Chief Building Official" means the Chief Building Official for the City or his or her delegate; "Chief of Police" means the Chief of Windsor Police Service, or his or her delegate. "City" means the Corporation of the City of Windsor or any Person authorized to act on behalf of the Corporation for the purposes of exercising its powers under this By-law; "Collection" means charging, receiving, accounting for, and remitting to the City the Municipal Accommodation Tax; "Dwelling Unit" means a room or series of rooms of complementary use, used by an Individual Person or Individual Persons living together under a single tenancy, in which cooking, eating, living, sleeping and sanitary facilities are provided; "Fire Chief' means the Chief of Windsor Fire and Rescue Services, or his or her delegate; "Fire Code" means Ontario Regulation 213/07: Fire Code made under the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 as amended; "Individual Person" means a natural person; "Licence" means the certificate issued under this By-law as proof of licensing under this By-law; "Licence Commissioner'' means the Licence Commissioner for the City and shall mean and include any delegate or delegates of the Licence Commissioner for the City as well as any successor position to the Licence Commissioner carrying out the responsibilities of the Licence Commissioner at the time of the passing of this By-law; "Licensee" means a Person who has been issued and maintains a valid Licence pursuant to the terms of this By-law; "Market", "Marketed" or "Marketing" means offering, facilitating, or causing or permitting to offer or facilitate, directly or indirectly, the sale, promotion, canvassing, solicitation, advertising, or marketing of a Short- Term Rental, and includes placing, posting or erecting advertisements physically or online; "Medical Officer of Health" means the Medical Officer of Health for the Municipality of Windsor, Ontario; "Multiple Unit Dwelling" means a building or part of a building containing three or more Dwelling Units; "Municipal Accommodation Tax" or "MAT" means the tax imposed under the City of Windsor's Municipal Accommodation Tax By-law, as may be amended from time to time, or its successor by-law. "Officer'' means a Provincial Offences Officer or Municipal Law Enforcement Officer of the City, or any other person appointed by or under the authority of a City by-law to enforce this By-law; "Ontario Building Code" means Ontario Regulation 332/12: Building Code made under the Building Code Act, 1992, S.O. 1992, c.23 as amended; "Ontario Police Service" means a police service established in Ontario under the Police Services Act, R.S.O. 1990, c. P.15, as amended, or its successor legislation. "Operate", "Operated" or "Operating" means to rent out, provide, offer to rent out or provide, or facilitate or broker or Market or cause to be Marketed, the offer or rental, whether directly or indirectly, including, without limitation, via the internet or other electronic platform, of a Short- Term Rental and shall include a Person collecting a fee or handling payments in respect of a Short-Term Rental; "Order'' means a direction issued by the City under statutory authority, including but not limited to Orders under the Municipal Act, 2001, S.O. 2001, c. 25, as amended, the Building Code Act, 1992, S.O. 1992, c. 23, as amended, and the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended. "Person" means an Individual Person, a partnership, or a corporation (including any of such corporation's affiliates, subsidiaries or parent corporations, as the case may
• be) to which the context can apply and "Person" shall also include multiple Persons who, acting together, carry on the business of a Short-Term Rental business, despite the fact that no single one of those Persons carries on the activity in its entirety; "Principal Residence" means a Dwelling Unit owned or rented by an Individual Person, either alone or jointly with others, where the Individual Person is ordinarily resident; "Prohibited Ground" means the prohibited grounds of discrimination as provided for under the Ontario Human Rights Code, R.S.O. 1990, c. H.19; "Property" means a building, and includes the lands and premises appurtenant thereto, and includes vacant property; "Rental Period" means the span of consecutive days for which a Short- Term Rental has been rented. "Short-Term Rental" means a Dwelling Unit or part of a Dwelling Unit used to provide temporary accommodation for a Rental Period of not more than 29 consecutive days and shall not include a hotel, motel or Bed-and- Breakfast Establishment; "Short-Term Rental Brokerage" means any Person who facilitates or brokers or Markets or causes to be Marketed or assists in any capacity in the booking process of a Short-Term Rental reservation for others, whether directly or indirectly, including, without limitation, via the internet or other electronic platform, of a Short-Term Rental, provided such Person collects, handles or receives a payment, fee, compensation or other financial benefit as a result of, or in connection with, the Short-Term Rental; "Short-Term Rental Operator" means a Person who has care and control, at any time and for any length of time, of a Dwelling Unit, or part thereof, that is used as a Short-Term Rental, but who is not the Short- Term Rental Owner; "Short-Term Rental Owner" means any Person who Operates a Short- Term Rental and is either:
• (a) a registered owner of the Property, or part thereof, that is being Operated as a Short-Term Rental; or
• (b) a tenant of the Property, or part thereof, that is being Operated as a Short-Term Rental. "Windsor Licensing Commission" means the Windsor Licensing Commission; 3 Licensing Requirements for Short-Term Rental Owners