The following is a statement from the Township of Wainfleet to provide clarity and factual information about the Township of Wainfleet’s Short-Term Rental (STR) Licensing By-Law.
The STR Licensing By-law is the product of extensive research, public consultation, and Council consideration over the past four years. In early August 2020, Council directed staff to investigate options for regulating short-term housing uses in Wainfleet. They ultimately decided to approach regulating these units through licensing. In October 2021, Council directed a public consultation process on the draft by-law before it was finalized.
The Township created a dedicated webpage to provide public access to information about the draft by-law and to gather public input through surveys and comment submissions. The Township actively promoted the webpage on its social media platforms and had an open public comment period from December 23, 2021 to February 4, 2022. The Township also held a virtual public open house on January 18, 2022 to receive and respond to questions and comments from the public.
During the public comment period and open house, the Township heard from residents about the impacts of short-term rental properties near their homes. Some of the more common concerns noted overcrowding, constant parties, parking, rapid guest turnover, excessive noise, garbage, harassment, lack of privacy, and absentee owners. Council received these comments in May 2022 and, in keeping with its information gathering efforts, subsequently heard from several delegations, some in full support of short-term rental uses and others in opposition.
The Township continued to develop and refine the draft by-law for more than a year to balance the interests of all interested parties. Council ultimately passed the STR Licensing By-law on July 18, 2023. Throughout this stage, the Township continued to share the by-law on its website and social media platforms. The Township also mailed a hard copy notice of the by-law to all registered property owners with the January 2024 property tax bill.
These timelines demonstrate that the Township was proactive in communicating with residents to ensure they were all aware about the by-law and the requirement to secure a license ahead of the 2024 spring/summer season.
The Township prioritized sharing this information directly with property owners and through its digital channels to ensure operators of short-term rentals had several months to comply with the requirements of the licensing by-law. The Township’s licensing by-law was specifically created to ensure it would not be overly cumbersome for STR operators to comply with. While some operators appear to have tried to create their own workarounds, the Township has clearly stated throughout the process that all STR operators would need to comply, without exception. Alternative or ad hoc settlement arrangements outside the parameters of the by-law established by Council cannot be entertained.
The Short-Term Rental Licensing By-law provides for monetary penalties of $5,000 to $10,000 for a first contravention of the by-law. Penalties for a second contravention for advertising a short-term rental unit without a license or for operating a short-term rental unit without a license attract a penalty of $15,000 and any third or subsequent contraventions are subject to a penalty of $20,000 and do not escalate indefinitely. The Short-Term Rental Licensing By-law does not require the imposition of daily monetary penalties, nor has it been the Township’s practice to do so.
The Municipal Act, 2001 provides that when an owner of property in a municipality owes money to the municipality, the amount is added to the tax roll for the property to ensure payment. If penalty amounts are owing to the municipality, the Township will add the outstanding penalty amounts to the municipal tax roll for the property. However, the Township has taken no steps toward the seizure or sale of any properties related to STRs.
The Short-Term Rental Licensing By-law imposes occupancy limits and inspection requirements, including septic, fire and drinking water testing, to ensure the health and safety of renters, particularly as there is a boil water advisory in effect in some areas of the Township. These requirements support the responsible operation of a short-term rental, and are not onerous to comply with. In fact, most short-term rental operators in Wainfleet have navigated the licensing process without difficulty, and continue to operate in full compliance with the STR licensing by-law.
Currently, there are nearly 50 properly licensed, legal STRs operating in Wainfleet. The Township has worked closely with experts in the regulation of short-term rentals in Ontario, and is confident in the legality and legitimacy of the by-law.
You can refer to our Short-Term Rental page for more information.