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HomeMy WebLinkAbout07-08-2025 AGENDA City Council Meeting 2:00 PM - Tuesday, July 8, 2025 Council Chambers/Zoom App. All Council Meetings are open to the public in person, in Council Chambers or watched virtually. All electronic meetings can be viewed on this page, the City of Niagara Falls YouTube channel, the City of Niagara Falls Facebook page, along with YourTV Niagara. Page 1. CALL TO ORDER 2. IN CAMERA SESSION OF COUNCIL 2.1. In-Camera Resolution (updated) July 8, 2025 - Resolution to go In-Camera 9 - 10 3. CALL TO ORDER - COUNCIL MEETING RECONVENING O Canada: Land Acknowledgement and Traditional Indigenous Meeting Opening 4. ADOPTION OF MINUTES 4.1. Council Minutes of June 17, 2025 City Council - 17 June 2025 - Minutes 11 - 28 5. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 6. MAYOR'S REPORTS, ANNOUNCEMENTS 7. DEPUTATIONS / PRESENTATIONS / APPOINTMENTS All speakers are reminded that they have a maximum of 5 minutes to make their presentation. 7.1. Civic Recognition - Niagara Falls Rowing Club Champions Mayor Diodati to recognize the accomplishments of rowers from Page 1 of 546 both Saint Paul High School and Westlane Secondary School. 7.2. Appointment Request - Lindsey Mazza - Inspirational Speaker/Inclusive Leadership Expert Lindsay Mazza has requested to speak before Council to share her lived experiences as someone with a physical disability and how it has impacted her career change from a lawyer to an Inclusion Leadership Expert and Disability Advocate. 7.3. Appointment Request - Nikola Tesla Day Festival - 2025 Mr. Borislav Zivkovic, Executive Director of the Nikola Tesla Day Festival, along with resident, Aras Reisi, to provide a brief presentation to inform Council of the upcoming community festival to be held on July 11-12, 2025. Nikola Tesla Day Festival -2025 29 - 36 8. REPORTS 8.1. PBD-2025-43 (Presentation added) Recommendation Report City Initiated Official Plan and Zoning By-law Amendments - OPA 180/AM-2025-001 Owner Occupied Short-Term Rentals in Residential Areas Consultant, Shannon McKie, Associate/Principal Planner from Landwise will be present to make a brief presentation. PBD-2025-43 - Pdf Public Comments_for July 8th Meeting - AM-2025-001 Presentation - OOSTR_Council_Presentation_Submitted(2) 37 - 260 8.2. CS-2025-38 Corporation of the City of Niagara Falls, Ontario – Trust Funds Financial Statements December 31, 2024 CS-2025-38 Corporation of the City of Niagara Falls, Ontario – Trust Funds Financial Statements December 31, 2024 - Pdf 261 - 273 8.3. CS-2025-40 Restrictions on Certain Forms of Participation in Council Meetings - Part 2 CS-2025-40 - Pdf 274 - 291 Page 2 of 546 9. CONSENT AGENDA The consent agenda is a set of reports that could be approved in one motion of council. The approval endorses all of the recommendations contained in each of the reports within the set. The single motion will save time. Prior to the motion being taken, a councillor may request that one or more of the reports be moved out of the consent agenda to be considered separately. RECOMMENDATION: THAT Council APPROVE Item #9.1 through to and including Item #9.4. 9.1. CAO-2025-08 Request for Downtown BIA funds for a downtown marketing and public relations pilot project. CAO-2025-08 - Pdf 292 - 294 9.2. CS-2025-37 Low Income Seniors and People with Disabilities Water and Property Tax Rebate Programs CS-2025-37 (Finance) Low Income Seniors and People with Disabilities Water and Property Tax Rebate Programs - Pdf 295 - 297 9.3. RCF-2025-11 Children's Memorial Walkway at Fireman's Park-Update RCF-2025-11 - Pdf 298 - 300 9.4. Proclamation Request - Visiting Minister of Religion - 10th Annual Deliverance Weekend The requestor lives in the Niagara Region and is a member of a religious body known as the Church of God and Saints of Christ. The group is hosting a religious service, "10th Annual Deliverance Weekend," in the Niagara Region, and will be having an Elder, a visiting Minister from the United States at the event held on Saturday, July 19, 2025. The attached is a request for Council to acknowledge the presence of this visiting Minister to the event held on Saturday, July 19, 2025. Recommendation: THAT Council ACKNOWLEDGE the presence of a visiting Minister from the United States to the event, "10th Annual Deliverance Weekend" held on Saturday, July 19, 2025 as part of the Church of God and Saints of Christ. 301 - 304 Page 3 of 546 Proclamation Request - Visiting Minister of Religion Proclamation - Robert Grant 10. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Communications section of the agenda is a set of items listed as correspondence to Council that could be approved in one motion of Council. If Staff feel that more than one recommendation is required, the listed communications items will be grouped accordingly. The single motion per recommendation, if required, will save time. Prior to any motion being taken, a Councillor may request that one or more of the items be lifted for discussion and considered separately. RECOMMENDATION: THAT Council approve/support Item #10.1 through to and including Item #10.2. 10.1. Niagara Falls Soccer Club - Request for waiving of food truck by-law Attached is a letter from the Niagara Falls Soccer Club, requesting City Council waive the food truck by-law to allow for food trucks at the annual A.C. Douglas Soccer Tournament and Festival on August 9-10, 2025 weekend at various parks across the City of Niagara Falls. Recommendation: For Council's Consideration. Niagara Falls Soccer Club - Council Letter (1) 305 10.2. Special Occasion Permit Request - African Women Acting (AWA) Organizers of the African Women Acting (AWA) Festival 2025 are looking to Council for a letter of Municipal Significance for this cultural event to be held on Saturday, August 16, 2025 and Sunday, August 17, 2025 from 2 PM to 10 PM at City Hall, Centennial Square, 4310 Queen Street, Niagara Falls. With Council declaring the event as "municipally significant," this will assist the organizers with obtaining a Special Occasion permit from the AGCO. Recommendation: That Council DECLARE the African Women Acting (AWA) Festival 2025 to be held on Saturday, August 16, 2025 and Sunday, August 17, 2025 from 2 PM to 10 PM at City Hall, Centennial Square, 4310 Queen Street, Niagara Falls, as an event of "municipal significance" in order to assist the organizers 306 Page 4 of 546 with obtaining a Special Occasion permit from the AGCO. Special Occasion Permit - AWA Festival 2025 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK RECOMMENDATION: THAT Council receive for information Item #11.1 through to and including Item #11.2. 11.1. Correspondence from the Niagara Region Attached is correspondence sent from the Niagara Region for information. 1. CLK-C 2025-055 PDS 4-2025 - Update to Niagara Region Woodland Conservation Bylaw. Planning Department provided a memo to Council regarding the Niagara Region's Conservation By-law Update. Recommendation: THAT Council RECEIVE for Information. CLK-C 2025-055 PDS 4-2025 By-law No. 2020-79 Consolidated Woodland Conservation By- law Amended May 22, 2025 Memo to Council from Planning Department -Region Woodland By-law Update- July 8 2024 307 - 449 11.2. Correspondence - Recommendation to Rescind Niagara Falls Decorum Policy on Signs Attached is a letter recommending Council rescind the total ban on signs in the Niagara Falls Decorum Policy. Recommendation: THAT Council RECEIVE for Information. 2025.06.27 - Letter to Niagara City Council re. Signs in council - signed .docx 450 - 453 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Licence Appeal Committee (LAC) For Council to appoint 2 Councillor representatives to the Licence Appeal Committee: Recommendation: THAT Council APPOINT two (2) Councillor representatives to the Licence Appeal Committee (LAC). Page 5 of 546 12.2. Eco-Ninjas Adopted Road Proposals As part of the Niagara Falls adopted roads program, the group "Eco-Ninjas" is looking to propose the following initiatives to Council 1. Bunnie Brandt Memorial Garden 2. Mural painting on wall 3. Eco-Ninjas Easter Egg Adventure 4. Darlene Collver Memorial Garden 5. Welcome to Niagara Falls Sign Recommendation: THAT Council REFER TO STAFF. Correspondence from Michael John Henley 454 - 458 13. RATIFICATION OF IN-CAMERA 14. NOTICE OF MOTION/NEW BUSINESS Except as otherwise provided in the Procedural By-law, all Notices of Motion shall be presented, in writing, at a Meeting of Council, but shall not be debated until the next regular Meeting of Council. A Motion may be introduced without notice, if Council, without debate, dispenses with the requirement for notice on the affirmative vote of two- thirds of the Members present. 14.1. Notice of Motion - Transit - Free Rides for Seniors and teenagers Attached is a notice of motion submitted by Councillor Nieuwesteeg suggesting offering free transit for Seniors and teenagers. Notice of Motion - Councillor Nieuwesteeg - Transit Motion re. Free Rides for Seniors 459 15. MOTIONS FOR CONSIDERATION 15.1. MOTION - Impacts of Bill 5 on Niagara Falls Climate Change Adaptation Implementation Plan Attached is a motion from Councillor Lori Lococo pertaining to the impacts of Bill 5 on Niagara Falls Climate Change Adaptation Implementation Plan. Motion - Impacts of Bill 5 - from Councillor Lococo 460 15.2. MOTION - Bubble Zones Attached is a motion from Councillor Ruth-Ann Nieuwesteeg 461 Page 6 of 546 requesting a staff report to review a Bubble Zone Bylaw that would prohibit protests around faith based and cultural institutions and city-owned facilities and property. Motion - Councillor Nieuwesteeg - Bubble Zones 16. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2025- 031. A by-law to provide for the adoption of Amendment No. 180 to the City of Niagara Falls Official Plan (AM-2025-001). By-law 2025-031 - AM-2025-001 - OPA 180 - Owner Occupied Short-Term Rentals 06.30.2025 462 - 464 2025- 032. A by-law to amend Zoning By-law No. 79-200 to introduce new definitions and regulatory provisions respecting Owner Occupied Short-Term Accommodations in residential zones (AM-2025- 001); By-law 2025-032 - AM-2025-001 - ZBA - Owner Occupied Short- Term Rentals 06.30.2025 465 - 471 2025- 033. A by-law to amend the City’s Vacation Rental Unit and Bed and Breakfast Establishment Licensing By-law No. 2021-57 to include Owner Occupied Short-Term Rentals. By-law 2025-033 - AM-2025-001 - Licencing By-law Amendment 06.30.2025 472 - 478 2025- 034. A by-law to amend By-law No. 2025-47 to include fees related to owner occupied short-term accommodations. By-law 2025-034 - AM-2025-001 - 2025 Schedule of Fees By-law 06.30.2025 479 - 521 2025- 035. A by-law to amend By-law No. 2024-045 the Administrative Penalties (Non-Parking) Bylaw, to include administrative penalties for Owner Occupied Short-Term Accommodations. By-law 2025-035 - AM-2025-001 - AMPS By-law Amendment - Owner Occupied Short-Term Rentals 06.30.2025 522 - 541 2025-A by-law to amend By-law No. 2025-072 to include Owner 542 Page 7 of 546 036. Occupied Short-Term Rental as an Accommodation Property to be subject to a Municipal Accommodation Tax. By-law 2025-036 - AM-2025-001 MAT By-law Amendment 06.30.2025 2025- 086. A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. By-law 2025-086 - 2025 JUL 8 By-law Enforcement Officers 543 - 544 2025- 087. A by-law to amend the by-law to provide for citizen appointments to certain Committees, Boards and Commissions. (Added) By-law 2025-087 - Citizen Appointments By-law 545 2025- 088. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 8th day of July, 2025. By-law 2025-088 - 07 08 25 Confirming By-law 546 17. ADJOURNMENT Page 8 of 546 The City of Niagara Falls, Ontario Resolution July 8, 2025 Moved by: Seconded by: WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public is if the subject matter falls under one of the exceptions under section 239(2) of the Municipal Act. WHEREAS on July 8, 2025, Niagara Falls City Council will be holding Closed Meetings as permitted under s. 239 (2) of the Municipal Act, namely; (c) a proposed or pending acquisition or disposition of land by the municipality (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. THEREFORE BE IT RESOLVED that on July 8, 2025 Niagara Falls City Council will go into a closed meeting to consider matters that fall under s. 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality regarding a proposed sale of City owned land as well as a separate matter involving an encroachment agreement. Council will also discuss a matter that falls under s. 239 (2) (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations with regards to a Columbarium agreement. AND The Seal of the Corporation be hereto affixed. Page 9 of 546 WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR Page 10 of 546 MINUTES City Council Meeting 2:00 PM - Tuesday, June 17, 2025 Council Chambers/Zoom App. The City Council Meeting of the City of Niagara Falls was called to order on Tuesday, June 17, 2025, at 5:00 PM, in the Council Chambers, with the following members present: COUNCIL PRESENT: Mayor Jim Diodati, Councillor Tony Baldinelli, Councillor Chris Dabrowski, Councillor Vince Kerrio, Councillor Lori Lococo, Councillor Mona Patel, Councillor Victor Pietrangelo, Councillor Mike Strange COUNCIL ABSENT: Councillor Ruth-Ann Nieuewsteeg STAFF PRESENT: Jason Burgess, Bill Matson, Erik Nickel, Jo Zambito, Nidhi Punyarthi, Kathy Moldenhauer, Kira Dolch, Shelley Darlington, Kailen Goertz, Margaret Corbett, Heather Ruzylo (Present in Chambers) Trent Dark, Gerald Spencer (Present via Zoom) 1. CALL TO ORDER The meeting was called to order at 2:03 PM. 2. IN CAMERA SESSION OF COUNCIL 2.1. In-Camera Resolution Moved by City Councillor Vince Kerrio Seconded by Councillor Lori Lococo THAT Council enter into an In-Camera session. Carried Unanimously (Councillor Dabrowski was absent from the vote). 3. CALL TO ORDER - COUNCIL MEETING RECONVENING The meeting was reconvened at 5:00 PM. 4. ADOPTION OF MINUTES 4.1. Council Minutes of May 27, 2025 Moved by Councillor Victor Pietrangelo Seconded by City Councillor Vince Kerrio THAT Council APPROVE the minutes of the June 17, 2025 meeting as presented. Carried Unanimously 5. DISCLOSURES OF PECUNIARY INTEREST Page 1 of 18 Page 11 of 546 a) Councillor Victor Pietrangelo declared a conflict of interest to Item #9.2 - Report CS-2025-34, Debenture Financing for Adopted 2025 Capital Budget, as the Councillor's family and himself own property that is part of the project. b) Councillor Mike Strange declared a conflict of interest to Item #11.7 - Noise By- law Exemption - 14th Annual Heaters Heroes Run for Children, as the Councillor is a member of the Fallsview Hose Brigade. c) Councillor Tony Baldinelli declared a conflict of interest to Item #11.7 - Noise By-law Exemption - 14th Annual Heaters Heroes Run for Children, as the Councillor is a member of the Fallsview Hose Brigade. 6. MAYOR'S REPORTS, ANNOUNCEMENTS a) Mayor Jim Diodati mentioned the following City events: Events & Announcements: 40 Under 40 Achievement Awards •At Holiday Inn & Conference Centre in St. Catharines •Also attended by Councillors Patel and Nieuwesteeg Ching Ming Festival •At the Fairview Cemetery ComicCon •Organized by Councillor Dabrowski Rick Rose Street Sign Unveiling •Also attended by Councillors Strange, Pietrangelo, Lococo, Nieuwesteeg and Patel 80th Anniversary & Annual Ceremonial Review Parade – Royal Canadian Sea Cadets Niagara •Waterfall Folklore Festival [photos] Pathstone HOPE Gala •Also attended by Councillors Nieuwesteeg Councillor Patel  MASS Niagara 5th Anniversary  NICHE Manufacturing Event  70th Annual Rose & Flower Show  St. John Ambulance 64th Annual Regional Recognition Event Councillor Pietrangelo  Think Kitchen Grand Opening  Shrinier’s Club Flag Raising  Firefighter Recruit Graduation Councillor Lococo  City of Niagara Falls DEI Summit Councillor Strange  Daredevil Barrels Exhibit at the Page 2 of 18 Page 12 of 546 Skylon Tower Councillor Dabrowski  Niagara Jazz Mardi Gras Event Councillor Nieuwesteeg  St. Paul Graduation Ceremony Business Milestones and Events: •Continental Pancake House – 40th Anniversary •Healthy Planet- Grand opening •Think Kitchen- Grand opening Flag Raisings: •Azerbaijan Independence Day •PRIDE Flag oAlso attended by Councillors Patel and Lococo •Italian Heritage Month oAlso attended by Councillors Nieuwesteeg, Lococo and Patel •Senior’s Month oAlso attended by Councillors Lococo and Nieuwesteeg •Shriner’s Week oRepresented by Councillor Pietrangelo and oAlso attended by Councillor Patel •Filipino Independence Day oAlso attended by Councillors Patel and Strange Coming up: Canada Day •Tuesday, July 1st •Firemen’s Park •NEW- VIP paid parking onsite ($ to SCVFA & Heartland Forest) oShuttles at various locations •Live entertainment from 11AM to 6PM •Kids stage – Scooby Doo and much more! •Food trucks – beavertails and more! •Heartland Forest train •Lots of free interactive fun! b) The next Council meeting is scheduled for Tuesday, July 8, 2025. Page 3 of 18 Page 13 of 546 7. DEPUTATIONS / PRESENTATIONS / APPOINTMENTS 7.1. Mayor's Youth Advisory Committee (MYAC) Year-End Deputation The Mayor's Youth Advisory Committee (MYAC) provided Council with a presentation to include the following:  Scholarship presentation - Tom Mitchinson recognized Madeline Berardi, a grade 12 student at A.N Myer Secondary School, as the scholarship recipient.  Annual Year-End Deputation - MYAC Co-Chairs, Paulina Labarta and Shivani Patel, reviewed MYAC's 2024-2025 school year. Moved by City Councillor Vince Kerrio Seconded by Councillor Victor Pietrangelo THAT Council RECEIVE the presentation by the Mayor's Youth Advisory Committee (MYAC) for information. Carried Unanimously 7.2. Niagara Peninsula Energy Inc. - Presentation The following individuals were present to provide a brief presentation to Council regarding updates from Niagara Peninsula Energy Inc.: Brian Wilkie, President and CEO of Niagara Peninsula Energy Inc. Suzanne Wilson – Chief Operating Officer, CA, CPA Shanon Wilson – Senior Vice-President Asset Management, P. Eng Paul Blythin -Vice-President Regulatory Affairs & Revenue, CPA, CGA Rocky Vacca, Chair of NPEI Board Direction to staff: to promote NPEI through our social media channels to assist in sharing the services that NPEI provides. Moved by City Councillor Vince Kerrio Seconded by Councillor Victor Pietrangelo THAT Council RECEIVE the presentation by the Niagara Peninsula Energy Inc., for information. Carried Unanimously 7.4. Correspondence from Store manager - Grand Bazaar Niagara - Seasonal Vendors Attached is an email from the store manager of Grand Bazaar Niagara on Victoria Avenue, pertaining to the seasonal business licensing by-law. Mel Ertemiz, of Grand Bazaar Niagara, was present to address this matter. Recommendation: For the Consideration of Council. Moved by Councillor Victor Pietrangelo Page 4 of 18 Page 14 of 546 Seconded by Councillor Tony Baldinelli THAT Council REFER the matter to staff to consult with the local BIA's to solicit their opinions and to report back to Council at the July 29, 2025 meeting; AND THAT any new applications for a Seasonal Business Licence be put on hold until a staff report comes back to Council and further direction is given. Carried Unanimously 7.3. Levels of Service - Asset Management Plan (AMP) Presentation Daryush Esmaili, from Aspire Consulting, along with Andrew Mirabella from Hemson Consulting, and Tara Gudgeon, Senior Manager Asset Management Municipal Works presented to Council pertaining to the Levels of Service - AMP. Erik Nickel, General Manager of Municipal Works, along with Amanda Beattie, from Aspire Consulting, were also in attendance. MW-2025-17 Levels of Service Asset Management Plan 2025 Moved by Councillor Lori Lococo Seconded by Councillor Chris Dabrowski THAT Council RECEIVE for Information the presentation from Aspire Consulting regarding "Levels of Service - Asset Management Plan (AMP). Carried Unanimously Moved by Councillor Chris Dabrowski Seconded by Councillor Victor Pietrangelo 1. THAT Council APPROVE the City's Levels of Service Asset Management Plan prepared in accordance with Ontario Regulation 588/17; 2. THAT Council RECEIVE the tax-supported financial information of the Plan that identifies a funding gap of $302.2 million over the next ten years comprised of $164.2 million to meet proposed service levels, and $138.0 million for service level enhancements and strategic investments; 3. THAT Council RECEIVE the rate-supported (water/wastewater) financial information of the Plan that identifies a funding gap of $58 million over the next ten years to support growth and meet service level targets; 4. THAT Council DIRECT Staff to make the Plan publicly available on the City's website before the July 1, 2025 deadline; 5. That Council DIRECT Staff to submit the Plan to the Ministry of Municipal Affairs and Housing before the July 1, 2025 deadline; and, Page 5 of 18 Page 15 of 546 6. That Council DIRECT Staff to incorporate recommendations of the Asset Management Plan including the financing strategy, development of a 10-year capital budget, preferred levels of service, utilization of risk- based prioritization, and increase of asset condition knowledge into the 2026 capital budget process. Carried Unanimously 8. PLANNING MATTERS 8.1 . PBD-2025-38 - Public Meeting AM-2024-019 & 26CD-11-2024-007, Zoning By-law Amendment and Draft Plan of Vacant Land Condominium Application 6111 Carlton Avenue Proposal: 6 townhouse and 1 detached dwelling along a private roadway Applicant: Tanya Byrd and Eric Byrd Agent: Upper Canada Consultants The Planning Public meeting commenced at 7:15 PM. Councillor Lococo left the meeting at 7:15 PM and returned at 7:18 PM. Councillors Pietrangelo and Kerrio left meeting at 7:15 PM and returned at 7:20 PM. Councillor Baldinelli left at 7:15 PM and returned at 7:19 PM. Chris Roome, Planner 2, provided an overview of Report PBD-2025-38. Mary Anne Seppala, of 6106 Corwin Avenue, spoke in opposition of the development citing compatibility issues and safety concerns with the development in this area as a school is nearby. Christopher Aubin, of 6125 Carlton Avenue, spoke in opposition of the proposal citing concerns with site lines, privacy and density. James Bredin, of 6746 Barker Street, spoke in opposition of the development citing compatibility concerns. Ellen Sides, of 6099 Carlton Avenue, spoke in opposition of the proposal citing noise and traffic and parking concerns. Mayor Jim Diodati left Chambers at 8:25 PM and Councillor Pietrangelo resumed as Chair. Mayor Diodati returned to Chambers at 8:27 PM. William Heikoop and Eric Beauregard, from Upper Consultants provided a presentation in support of the development, acting as the agent, representing the applicant. The Planning Public meeting was closed at 8:44 PM. Moved by Councillor Mona Patel Seconded by Councillor Chris Dabrowski Page 6 of 18 Page 16 of 546 THAT Council DENY the application and recommendations as presented. Ayes: Mayor Jim Diodati, Councillor Victor Pietrangelo, Councillor Mike Strange, Councillor Tony Baldinelli, Councillor Mona Patel, Councillor Ruth-Ann Nieuwesteeg, and Councillor Chris Dabrowski Nays: Councillor Lori Lococo and City Councillor Vince Kerrio CARRIED (Councillors Kerrio and Lococo were opposed). 7-2 on a recorded vote 8.2. PBD-2025-39 - Public Meeting City Initiated Zoning By-law Amendment AM-2023-001 Zoning Consolidation Councillor Dabrowski left Chambers at 8:58 PM and returned at 9:07 PM. The Planning Public meeting commenced at 8:58 PM. Chris Roome, Planner 2, provided an overview of Report PBD-2025-39. The Planning Public meeting closed at 9:08 PM. Moved by Councillor Mona Patel Seconded by Councillor Lori Lococo THAT Council APPROVE the amendments to the City’s Zoning By-law No. 79- 200 and REPEAL By-law 395/66, By-law 1538 (1958) and By-law 70-69, as outlined in this report. Carried Unanimously 9. REPORTS 9.1. CS-2025-31 2025-2026 Insurance Program Renewal Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange 1. THAT Council RECEIVE Report CS-2025-31, 2025-2026 Insurance Program Renewal for information; 2. THAT Council APPROVE the 2025-2026 Comprehensive Insurance Program from Intact Public Entities Inc. (IPE); 3. THAT Council AUTHORIZE the City Solicitor to execute the necessary documents with IPE for the provision of Comprehensive Insurance Services for the period July 1, 2025 – June 30, 2026 in the amount of up to approximately $2,159,939 plus applicable taxes. Carried Unanimously 9.2. CS-2025-34 Debenture Financing for Adopted 2025 Capital Budget Page 7 of 18 Page 17 of 546 Councillor Pietrangelo left Chambers at 9:09 PM as he had declared a conflict to this matter. He returned to Chambers at 9:13 PM. Moved by Councillor Lori Lococo Seconded by Councillor Chris Dabrowski 1. THAT the debt financing outlined in Attachment 1, per the 2025 Capital Budget BE APPROVED; 2. THAT the Annual Repayment Limit (ARL) in Attachment 2 BE RECEIVED for information; 3. THAT staff BE AUTHORIZED to execute all agreements necessary to finance capital projects with debentures as outlined in Attachment 1. Carried Unanimously (Councillor Pietrangelo declared a conflict). 9.3. CS-2025-35 Filing Claims with the City Through the City's Online Claim Portal Moved by Councillor Lori Lococo Seconded by Councillor Tony Baldinelli THAT Council RECEIVE this report for information. Carried Unanimously 9.4. CS-2025-36 Fee Waiver Applications - June 2025 Submissions Moved by City Councillor Vince Kerrio Seconded by Councillor Victor Pietrangelo 1. THAT Council approve, approve in part or deny the Fee Waiver applications received for the June 17, 2025 submission date, listed as follows:  Project Share of Niagara Falls - Coldest Night of the Year - in the amount of $226.00 to waive the costs of the "road use special event permit."  Niagara Jazz Festival - Sax in the City - in the amount of $1,632.85 to waive the costs of the Exchange facility rental.  Chippawa Volunteer Firefighters Association - Chippawa Cruise Nights - in the amount of $3,038.49 to waive the costs associated with the Chippawa Lions parking lot.  Victim Services Niagara - 2025 Victim Services Niagara Police vs Fire Charity Softball Game - in the amount of $115.34, to waive the costs associated with the hourly rate for the athletic field and lighting.  Meals on Wheels Niagara Falls/Niagara-on-the-Lake - Souper Lunch - in the amount of $200.00 for the waiving of the fees associated with the Page 8 of 18 Page 18 of 546 rental of the Memorial Room at the Gale Centre.  Cat & Monkey Events/Ronnie Dons Ice Cream - Halloween on Queen - in the amount of $905.00 to waive the costs associated with the road closure, staffing, equipment and permit application fee. 2. THAT Council DENY the Fee Waiver request from P.L.A.Y. Niagara for the estimated $4308 in fee waivers for ice rental so as not to set precedent for other school groups looking for similar waivers. (See below in report under "background" for further explanation) Carried Unanimously 9.5. PBD-2025-41 Noise Concerns Moved by Councillor Lori Lococo Seconded by Councillor Victor Pietrangelo THAT Council RECEIVE the report for information. Carried Unanimously 9.6. PBD-2025-42 Amendments to Sign By-law No. 2021-24 Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange THAT Council APPROVE the amendments to Sign By-law No. 2021-24, as outlined in this report and as shown in red in Appendix 1. Carried Unanimously 10. CONSENT AGENDA 10.1. PBD-2025-40 Building Faster Fund Investment Plan Moved by Councillor Victor Pietrangelo Seconded by Councillor Mike Strange 1. THAT Council RECEIVE the City’s Building Faster Fund Investment Plan report for information purposes. 2. THAT Council APPROVE a capital budget amendment, to create a new singular Capital project in the amount of $1,721,209, for the project consisting of the initiatives approved under the Provincial 2023 Building Faster Fund (BFF) grant; and further, 3. THAT Council APPROVE the use of the City’s 2023 Building Faster Fund (BFF) grant funding of $1,711,755 received from the Province, plus year-to-date interest earned on the funds of $9,454, to accommodate the requested budget amendment; and further, Page 9 of 18 Page 19 of 546 4. THAT the Mayor and City Clerk be AUTHORIZED to execute the necessary contract documents. Carried Unanimously 11. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 11.1. Noise By-law Exemption Request - St. George Serbian Orthodox Church Attached is a request for a Noise By-law Exemption for the following dates and events to be held in 2025, that will take place on the church grounds of St. George Serbian Orthodox Church located at 6085 Montrose Rd. The requested exemption is for the following dates and events:  Saturday, June 28, 2025 and Sunday, June 29, 2025 - St. George Church and the Serbian National Shield Society will be hosting the 80th Annual Serbian Day in Niagara Falls. The organizers respectfully request an exception to the Noise By-Law to have it extended to midnight on Saturday, June 28th. respectfully request an exception to the Noise By-Law to have it extended to midnight on Saturday, June 28th.  Saturday, August 2, 2025 and Sunday, August 3, 2025 - Annual Kordun Family Picnic. For the Saturday evening (August 2nd) , the organizers are requesting an exception to the Noise By-Law to have it extended to midnight. Recommendation: THAT Council APPROVE the noise by-law exemption request at the St. George Serbian Orthodox Church for the playing of music until midnight on Saturday, June 28, 2025 and Saturday, August 2, 2025. 11.2. Special Occasion Permit Request -Thunder River Bikefest Organizers of the Thunder River Bikefest are looking to Council for a letter of Municipal Significance for the Thunder River Bikefest 2025 taking place on Saturday, July 26, 2025 and Sunday, July 27, 2025 at the National Military Heritage Museum, 12761 Sodom Road, Niagara Falls. With Council declaring the event as "municipally significant," this will assist the organizers with obtaining a Special Occasion permit from the AGCO. Recommendation: THAT Council DECLARE the Thunder River Bikefest 2025 taking place on Saturday, July 26, 2025 and Sunday, July 27, 2025 at the National Military Heritage Museum, 12761 Sodom Road, Niagara Falls as an event of "municipal significance" in the City of Niagara Falls in order to assist with a Special Occasion permit from the AGCO. 11.3. Clifton Hill BIA - 2025 Budget Attached is Clifton Hill BIA's annual budget for 2025. Recommendation: THAT Council APPROVE the 2025 budget for the Clifton Hill BIA. 11.4. Lundy's Lane BIA - 2025 Final Budget Attached is the Lundy's Lane BIA's 2025 proposed budget for Council approval. Page 10 of 18 Page 20 of 546 Recommendation: THAT Council APPROVE the Lundy's Lane BIA's proposed budget for 2025. 11.5. Flag-Raising Request - National Addiction Awareness Week (NAAW) Attached is a request from Community Addiction Services of Niagara (CASON) to recognize National Addiction Awareness Week (NAAW), November 16, 2025 - November 22nd, 2025, with a flag raising ceremony in Niagara Falls. Recommendation: THAT Council recognize National Addiction Awareness Week (NAAW), November 16, 2025 - November 22nd, 2025, with a flag raising ceremony in Niagara Falls. 11.6. Proclamation Request - World Hepatitis Day Attached is a request for Council to proclaim Monday, July 28th, 2025 as "World Hepatis Day" in the City of Niagara Falls. Recommendation: THAT Council PROCLAIM Monday, July 28, 2025 as "World Hepatitis Day" in the City of Niagara Falls. 11.7. Noise By-law Exemption - 14th Annual Heaters Heroes Run For Children The Heaters Heroes Committee, along with the Fallsview Hose Brigade, are requesting that Council grant an exemption to the City's Noise-By-law until 11:00 PM on Saturday, September 6, 2025 for the purpose of playing music for their annual event taking place at Oakes Park in Niagara Falls. Recommendation: THAT Council APPROVE the request from the Heaters Heroes Committee, to grant an exemption to the City's Noise By-law until 11:00 PM on Saturday, September 6, 2025 for the purpose of playing music at Oakes Park in Niagara Falls. Moved by City Councillor Vince Kerrio Seconded by Councillor Victor Pietrangelo THAT Council SUPPORT/APPROVE Items #11.1 through to Item #11.7. Carried Unanimously (Councillors Baldinelli and Strange had a conflict of interest to Item #11.7 only). 12. COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 12.1. Resolution - City of Peterborough - Bill 6, Safer Municipalities Act, 2025 Attached is a resolution passed by the Council of the City of Peterborough regarding Bill 6, Safer Municipalities Act, 2025. Recommendation: THAT Council RECEIVE for Information. 12.2. Resolution - City of Kingston - Bill 5: Protecting Ontario by Unleashing Our Economy Act, 2025 Attached is a resolution from Kingston City Council passed on May 20, 2025. Recommendation: THAT Council RECEIVE for Information. Page 11 of 18 Page 21 of 546 12.3. Correspondence from the Niagara Region Attached is correspondence sent from the Niagara Region for information. 1) Niagara Region Report - PDS 11-2025 - Corporate Climate Change Action Plan 2) Niagara Region Report - PW 20-2025 - 2024 Reserve Water and Wastewater Treatment Capacities 3) Niagara Region Report - PW 19-2025 - Combined Sewer Overflow Control Program – 2025 Funding Recommendations Recommendation: THAT Council RECEIVE for Information. 12.4 Office of the Integrity Commissioner – Matter No. IC-35449-0325 O’Connor re: Pietrangelo – Joint Code Complaint / MCIA Application Attached is an investigation report from the Integrity Commissioner and Investigator with regard to the above captioned matter. Recommendation: THAT Council RECEIVE for information. Direction to Staff: Direction from Council to report back on the costs of the Integrity Commissioner for this matter (IC-35449-0325). Moved by City Councillor Vince Kerrio Seconded by Councillor Tony Baldinelli THAT Council RECEIVE FOR INFORMATION Item #12.1 through to and including Item #12.4. Carried Unanimously 13. RATIFICATION OF IN-CAMERA a) Ratification of In-Camera A list of candidates for the Licence Appeal Committee (LAC) were discussed in closed session for personal reasons and a vote was held in open session to name the following candidates members of the Licence Appeal Committee:  Elena Berezovskaia  Frank De Luca  Frank Messina  Laurie Taylor  Roderick McRae Moved by City Councillor Vince Kerrio Seconded by Councillor Chris Dabrowski THAT Council DEFER the appointment of the Councillor representatives on the Licence Appeal Committee (LAC). Carried Unanimously Page 12 of 18 Page 22 of 546 14. NOTICE OF MOTION/NEW BUSINESS 14.1. NOTICE OF MOTION - Impacts of Bill 5 on Niagara Falls Climate Change Adaptation Implementation Plan Attached is a notice of motion from Councillor Lori Lococo pertaining to the impacts of Bill 5 on Niagara Falls Climate Change Adaptation Implementation Plan. Notice of Motion Impacts of Bill 5 - from Councillor Lococo 14.2. New Business Item - Traffic Lights - Current traffic flow Councillor Baldinelli mentioned the increased traffic throughout the tourist season, and as such, requested that the current traffic lights (ie., advanced lights....) and the flow of traffic be reviewed. Direction to Staff: THAT staff be directed to contact the Region requesting a summary of the regional intersections in the City of Niagara Falls as it pertains to safety and the flow of traffic with the current traffic lights. 14.3. New Business Item - Extension of Highway 405 - Exit off of Concession 6 Councillor Pietrangelo brought forth the request to expand and improve upon the connectivity of Highway 405 and suggested a joint request to the Province with the Town of Niagara-on-the-Lake at the upcoming AMO Conference. Direction to Staff: THAT staff request that the Town of Niagara-on-the-Lake be added to the AMO delegation submission regarding the extension of Highway 405. 14.4. New Business Item - CN - Emergency repairs - Railway tracks Councillor Dabrowski requested an update as to when CN plans to repair the railway crossings on Kalar Road and other various locations throughout the City of Niagara Falls. Direction to Staff: That staff follow up with CN to finalize the repair work on Kalar Road, scheduled for completion the week following Canada Day and to inform of other areas requiring improvement throughout the city. 15. MOTIONS FOR CONSIDERATION 15.1. MOTION – Lines on Roads Mayor Jim Diodati brought forth the following motion regarding lines on roads. Moved by Mayor Jim Diodati Seconded by City Councillor Vince Kerrio  Whereas, since governmental regulations changed, providing higher environmental standards on what paint can be used on roads, lines on roads don’t last long  Whereas, this change has meant that municipalities have to re-paint lines more often, sometimes several times per year to maintain visibility  Whereas, more painting means more trucks on the road, more staff time and more tax dollars  Whereas, faded or barely visible lines on the road are a hazard to Page 13 of 18 Page 23 of 546 drivers  Whereas, it’s extremely challenging to see during inclement weather conditions  Whereas, we shouldn’t have to wait for collision statistics to tell us what we already know- when lines vanish, danger increases  Whereas, The City of Ottawa has already taken the lead on this national concern for safety. Therefore be it resolved that staff come back with some options that meet environmental standards and keep drivers safe, while not re-painting lines several times per year. Carried Unanimously 15.2. MOTION - Bubble Zones Attached is a motion from Councillor Ruth-Ann Nieuwesteeg requesting a staff report to review a Bubble Zone Bylaw that would prohibit protests around faith based and cultural institutions and city-owned facilities and property. Moved by Councillor Mike Strange Seconded by Councillor Chris Dabrowski THAT the motion from Councillor Nieuwesteeg requesting a staff report to review a Bubble Zone by-law be DEFERRED until the Council meeting of July 8, 2025. Carried Unanimously Motion - Councillor Nieuwesteeg - Bubble Zones 15.3. MOTION - Veterans Day Memorial Crosswalk or Alternatives Councillor Patel brought forth the following motion pertaining to the installation of a memorial crosswalk or alternatives to honour the veterans. Moved by Councillor Mona Patel Seconded by Councillor Lori Lococo  WHEREASthe brave men and women who have served in our armed forces have shown extraordinary courage, sacrifice, and commitment to protecting the freedoms and values we hold dear.  AND WHEREAS it is our solemn duty as a community to honour and remember their service in ways that are both meaningful and enduring.  BE IT RESOLVED THATthe Council DIRECT staff to investigate and report on the feasibility, design, cost, and suitable and prominent locations for the installation of a Veteran Memorial Crosswalk or alternatives that may include, but are not limited to, public art, memorial gardens, interpretive displays, commemorative benches, or other creative installations that provide a heartfelt and lasting tribute to our veterans.  AND BE IT FINALLY RESOLVED THAT the development and planning of these tributes be conducted in close collaboration and meaningful consultation with local legions and any other veterans’ associations. May this initiative serve not only as a symbol but as a lasting expression of our Page 14 of 18 Page 24 of 546 community’s deep appreciation for the sacrifices made by those who served, reminding all who see it of the price of our freedom and the courage of our veterans. Carried Unanimously 16. BY-LAWS 2025- 065. A by-law to amend Schedule 11 “Commercial Parking Lots” to By-law No. 2001-31, being a by-law respecting the issuance of licences in the City of Niagara Falls. 2025- 074. A by-law provides for the adoption of Amendment No. 182 to the City of Niagara Falls Official Plan (AM-2024-037). 2025- 075. A by-law to amend By-law No. 79-200, to permit the use of the Lands for the development of 28 stacked townhouse dwelling units, subject to a 3-year sunset clause. (AM-2024-037) 2025- 076. A by-law provides for the adoption of Amendment No. 185 to the City of Niagara Falls Official Plan (AM-2024-028). 2025- 077. A by-law to amend By-law No. 79-200, to permit the use of the Lands for the development of a 10 storey, 112-unit apartment dwelling, subject to a 3-year sunset clause. (AM-2024-028). 2025- 078. A by-law to amend By-law No. 79-200 to permit the use of the Lands for the purpose of 42 stacked townhouse dwelling units, subject to a 3-year sunset clause (AM-2025-004). 2025- 079. A by-law to amend By-law No. 2021-24, to delegate approval of sign by-law amendments to the General Manager of Planning, Building and Development or their Designate, reduce the notice time period, adjust the outlined process and provide for an appeal process for sign by-law amendments, permit the issuance of Sign Permits for minor variances within the appeal period if the applicant proceeds with a sign permit application, and make position title changes. 2025- 080. A by-law to amend By-law No. 2019-35, to waive the requirement of an annual registration fee for Service dogs. 2025- 081. A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. 2025- 082. A by-law to enter into an agreement with the Ministry of Infrastructure related to the provincial Transfer Payment Agreement for Municipal Housing Infrastructure Program – Housing-Enabling Core Servicing Stream. 2025- 083. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Pedestrian Crossovers, Parking Prohibited, Speed Limits on Highways (Part 2 - 60 km/h), Stop Signs At Intersections, Community Safety Zones) 2025- 084. A by-law to amend By-law No. 89-2000, being a by-law to regulate parking and traffic on City Roads. (Yield Signs at Intersections, Stop Signs at Intersections). 2025- 085. A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 17th day of June, 2025. Page 15 of 18 Page 25 of 546 Moved by Councillor Victor Pietrangelo Seconded by Councillor Chris Dabrowski THAT the by-laws be read a first, second and third time and passed. Carried Unanimously 17. ADJOURNMENT a) Adjournment Moved by Councillor Tony Baldinelli Seconded by Councillor Chris Dabrowski THAT Council ADJOURN the meeting at10:00 PM. Carried Unanimously Mayor City Clerk Page 16 of 18 Page 26 of 546 Notice of Motion by Councillor Lori Lococo Impacts of Bill 5 on Niagara Falls Climate Change Adaptation Implementation Plan WHEREAS the City of Niagara Falls Climate Change Adaptation Implementation Plan was unanimously approved by City Council, in September 2023 — to be implemented over 5+ years, with a report every second year to City Council. AND WHEREAS the Adaptation Plan is critical to our city’s long-range planning. AND WHEREAS the Adaptation Plan is a community-based strategic direction tailored to local needs, but subject to provincial legislation. AND WHEREAS passage of provincial legislation Bill 5 [Protect Ontario by Unleashing our Economy Act, 2025] is designed to fast-track projects by “reducing regulatory barriers” — allowing exemptions from municipal by-laws and impact assessment requirements, weakening planning oversight mechanisms, prohibiting municipal planning policies that exceed provincial minimum standards, and eliminating legislative safeguards in place when this Adaptation Plan was approved (September 2023). AND WHEREAS Bill 5 therefore poses direct and significant impact on municipal regulatory authority to set goals, implement and enforce policy standards in our city’s Adaptation Plan. THEREFORE BE IT RESOLVED THAT Council — out of concern for public protection (from flooding and other site hazards to ensuring building safety), responsible growth, climate-change resiliency of infrastructure (from wastewater treatment to energy-efficient green initiatives), planning adequate housing, transportation networks ... fiduciary duty to constituents and environmental stewardship — direct staff to provide a Summary Report of Bill 5 impacts on the Adaptation Plan, with resulting implications (including impacts to the budget), as part of the forthcoming 2-year report to Council. AND ... That this (above) Summary Report be presented to Council for approval and sending to the following, for support, as part of the ongoing, widespread efforts to have Bill 5 revoked: The Premier of OntarioThe Minister of Municipal Affairs and HousingLocal MPPs Niagara Regional CouncilCity Councils of (all) Ontario Municipalities Page 17 of 18 Page 27 of 546 1 Heather Ruzylo Re: Bubble Zones WHEREAS, we need to protect the right of our residents to worship without threats of intimidation, and WHEREAS, City owned public spaces and spaces in the vicinity of faith-based cultural institutions including streets and sidewalks should feel safe and free from protestors, and WHEREAS, some protests invoke harassment and intimidation, and WHEREAS, those attending religious institutions should be able to do so in peace, and WHEREAS, the history of bubble zones goes back to 1995 where they were first adopted in British Columbia, and WHEREAS, causes that are of international concern are being taken up by local residents and visitors more often as issues on the world stage become increasingly pronounced, and WHEREAS, redirecting political protests away from innocent and vulnerable religious minorities and children will make sure that their rights are not impeded, THEREFORE BE IT RESOLVED, that City Council ask for a staƯ report to review a Bubble Zone Bylaw that would prohibit protests around faith based and cultural institutions and city-owned facilities and property. Page 18 of 18 Page 28 of 546 Page 29 of 546 A short summery of the Festival: https://www.youtube.com/watch?v=m8Nh6vrFlfk NIKOLA TESLA DAY FESTIVAL Page 30 of 546 15th Anniversary of Nikola Tesla Day 130 Years Since the First Niagara Falls Power Plant Using Tesla’s AC System Nikola Tesla’s 169th Birthday Tune into the frequency!Page 31 of 546 JULY 10 – FESTIVAL OPENING CEREMONY 2:00 PM – Ceremonial raising of the Tesla Fest flag in front of Niagara City Hall 3:00 PM – Laying of flowers at Nikola Tesla Plaza 10:15 PM – 10:30 PM – Niagara Falls illuminated in honour of Nikola Tesla’s 169th birthday Page 32 of 546 JULY 11 – TESLA LEGACY NIGHT, NIAGARA POWER STATION, 6 PM – 10 PM -Lecture and exclusive promotion of Dr. Marc Seifer’s new book -Premiere of the documentary film Wireless (Nikola Tesla Museum, Belgrade) -Travelling exhibition of the Nikola Tesla Museum — the first time in North America Page 33 of 546 JULY 12 – EAST AND WEST, SPIRIT AND SCIENCE OAKES GARDEN THEATRE 6 PM – 10:30 PM An artistic program symbolically connects Eastern spirituality and Western science in the spirit of Tesla’s thinking. Special appearances by Ontario Science Centre and Brock University. Lecture and new book presentation by Dr. Marc Seifer. With a spectacular fireworks display at 10:00 PM, Niagara Falls will once again shine in honour of Nikola Tesla and Tesla Fest.Page 34 of 546 Music Festival Free and open to all! When: Saturday, July 12th Where: Oakes Garden Theatre (5825 River Rd, Niagara Falls) Time: 6 pm to 10:30 pm Cost: Free! More info: TeslaFest.ca Page 35 of 546 Tesla Fest is a celebration for everyone. We extend a warm invitation to all members of the Niagara Falls City Council, staff, as well as your families and friends. You are most welcome! WELCOME!Page 36 of 546 PBD-2025-43 Planning Report Report to: Mayor and Council Date: July 8, 2025 Title: PBD-2025-43 Recommendation Report City Initiated Official Plan and Zoning By-law Amendments - OPA 180/AM-2025-001 Owner Occupied Short-Term Rentals in Residential Areas Recommendation(s) 1. That Council AUTHORIZE the implementation of the owner occupied short-term rental permissions through a 14-month pilot program, following which staff will report back relative the long-term viability of the program. 2. That Council APPROVE amendments to the Official Plan as outlined in ‘Appendix 2’ to permit owner occupied short terms rentals in residential areas subject to the provisions of the zoning by-law; 3. That Council APPROVE amendments to Zoning By-law No. 79-200 as outlined in ‘Appendix 3’ to define and permit owner occupied short terms rentals in residential areas subject to specific criteria; 4. That Council APPROVE amendments to the Licencing By-law No. 2021-57 as outlined in ‘Appendix 4’ to include licencing requirements for Owner Occupied Short-Term Rentals; 5. That Council APPROVE amendments to the Fee By-law No. 2025-47 as outlined in ‘Appendix 5’ to fees and charges for various services, licences and publications for the City of Niagara Falls to include licencing fees for Owner Occupied Short-Term Rentals; 6. That Council APPROVE amendments to the Administrative Penalties (Non- Parking) By-law No. 2024-045 as outlined in ‘Appendix 6’ to include fines for Owner Occupied Short-Term Rentals, consistent with Bed and Breakfast establishments; and 7. That Council APPROVE amendments to the Municipal Accommodation Tax By- law No. 2025-072 as outlined in ‘Appendix 7’ to include reference to Owner Occupied Short-Term Rentals. Executive Summary This report is intended to supplement Report PBD-2025-16 to provide Council with additional information and respond to key topics of discussion and questions of the community, stakeholders and Council that arose at the Statutory Public Meeting held on March 18th, 2025. This report provides clarification relative to different types of short- Page 1 of 129 Page 37 of 546 term accommodations, the impact on the housing market and long-term rentals, the impact on various sectors of the community, respond to questions, comments and inquiries made at the Public Meeting, as well as clarify the licensing process. A summary of the key points made through oral submissions is included within the report and a full comment response chart is attached as “Appendix 1.” The recommendations outlined in PBD-2025-16 continue to apply and are included in this report including amendments to the following:  Official Plan as outlined in ‘Appendix 2’;  Zoning By-law 79-200 as outlined in ‘Appendix 3’;  Licensing By-law No. 2021-57 as outlined in ‘Appendix 4’;  By-law No. 2025-47 to fees and charges for various services, licences and publications for the City of Niagara Falls as outlined in ‘Appendix 5’;  Administrative Penalties (Non-Parking) By-law No. 2024-045 as outlined in ‘Appendix 6’; and  Municipal Accommodation Tax By-law No. 2025-072 as outlined in ‘Appendix 7’. In consideration of feedback received at the March 18th, 2025 public meeting, City staff are now recommending that Council consider a 14-month pilot program that includes a cap of 100 licenses per year and a minimum separation distance of 150m (approx. every 9-12 houses) between Owner Occupied Short Term Rental (OOSTR) licenses in order to mitigate undue concentration. Following the pilot period, staff will report back to Council before the end of 2026 relative to number of licenses issued, concentration, complaints, enforcement, and impact on housing supply and rental rates, to determine if the program should become permanent and if the limitations on the number of licenses and distance requirements should continue to apply. The licence holders will be grandfathered if the program is discontinued. Municipalities everywhere are faced with the challenge of providing opportunities to allow for short-term accommodations (STA) and the economic benefits that they provide while also balancing housing affordability and livability. Many large Cities including Toronto, Vancouver, New York and Paris have implemented a principal residence model (not recommended in this report) that does not require the same oversight that the these model residence principal in provide. would OOSTR proposed The jurisdictions allow for rentals without the principal owner on site for up to 180 days. The OOSTR model proposed by the City will still be one of the most restrictive STA models within the Region and more broadly within the Province. Allowing for OOSTR’s will still have risks from an economic development perspective. The many for difficult it OOSTR would regulations proposed current make STA operators to obtain a license as they would need to have a second self-contained unit (Additional Dwelling Unit) with the required amount of parking to be eligible. This will likely eliminate the majority of STA’s that are currently operating within the City, and Page 2 of 129 Page 38 of 546 with many people preferring to stay in a STA to traditional hotel rooms, there could be a reduction in total visitation and market spend. Background The City of Niagara Falls is a major tourism destination welcoming between 12 and14 million visitors annually, that spend approximately $2.4 billion in the community. It is also home to approximately 7,400 students from 3 major educational institutions in the Region, including the University of Niagara Falls Canada. With approximately 2,300 short term and vacation rental units listed on popular rental portals such as AirBNB and VRBO, Niagara Falls is experiencing the global shift in tourism to include the short-term rental market, which offers alternative forms of accommodation that can meet the needs of larger groups or those that do not need to stay for extended periods of time (e.g. hybrid students). Report CAO-2023-02, considered by Council at its meeting of May 30, 2023, intended to clarify Bed and Breakfast (B&B) permissions and owner occupied short-term rental use permissions. Council directed staff to consider and report back on necessary Zoning By-law and Licencing By-law amendments related to Bed and Breakfasts to permit owner occupied short-term rental (OOSTR) units in residential areas of the City. It was initially thought that OOSTR uses could fit within the definition of B&B’s given that the owner would be required on site during the rental period, for both. Through the assessment of B&B permissions, it was determined that a separate category and specific policy permissions would be more appropriate to address some of the nuanced differences of OOSTRs. Council considered Report PBD-2025-16 on March 18, 2025, through which City staff recommended the introduction of OOSTR policy and permissions that generally align with B&B permissions, however only allow for rental to one party at a time, do not require a parking space for each bedroom, and are located in a self-contained unit, in accordance with the Building Code. The proposed zoning by-law amendment (ZBA) groups B&Bs and OOSTRs together under the umbrella term “owner occupied short- term accommodation” (OOSTA). The March 18, 2025 statutory public meeting had 12 members of the community speak to the proposed amendments, expressing both support and opposition to the recommendations. After much deliberation Council elected to defer the report to gather additional information prior to making a decision. City staff met with Council on May 6th for a Council Education Session regarding the proposed OPA and ZBA that allow for OOSTRs. City staff provided detailed information and answered questions that Council had. This report is intended to be supplemental to PBD-2025-16, by providing the requested additional information and making a final recommendation on the proposed OPA and ZBA. Despite the number of short term and vacation rental units (VRU) advertised through online websites, the City currently only has 64 licensed VRUs. There are challenges with locating VRUs in existing commercial areas, under the City’s existing policies, due Page 3 of 129 Page 39 of 546 to the limited amount of space and the business case plan that would be required. A VRU only permits 6 people per unit and the cost of commercial property prices would likely make it too expensive to be a viable business. The City also has 56 licensed bed and breakfasts. Given the changes in the tourism industry, bed and breakfasts are less popular than they once were as the majority of people seeking this type of accommodation desire spaces that are private and do not need to be shared with other guests. The location of the licensed VRU’s and B&B’s can be found in “Appendix 8” and on the City’s website. All the unlicensed STAs in the City are operating illegally. These numbers emphasize the importance of regulating STAs to ensure they occur in appropriate circumstances. Types of Short Term Rentals Short Term Accommodations have become popular in recent years with many people preferring them to hotel accommodations. This has made it necessary for municipalities to regulate STAs to ensure they are properly located and managed, safe for the travelling public, and do not have negative impacts on the community. There are a variety appropriate determining considered be can when STAs of types of that regulations, including the following:  Vacation Rental Units (VRU) – means the commercial use of a detached dwelling or dwelling unit that is available for rent, in its entirety, for a period of 28 consecutive days or less, to provide temporary lodging to a single group of the travelling and vacationing public and is licenced by the City of Niagara Falls to carry on business. The owner is not required to be on site during the stay. Niagara Falls only permits VRU’s within the Tourist Commercial, General Commercial and Central Business Commercial zones, which are limited in terms of the amount of residential uses.  Bed and Breakfast (B&B) – means a home occupation that provides guest rooms and breakfast to the travelling and vacationing public and is licensed by the City of Niagara Falls to carry on business. Niagara Falls permits B&Bs throughout the City in residential, commercial and rural zones.  Owner Occupied Short-Term Rental (OOSTR) - means a home occupation in a dwelling unit within or accessory to a Principal Residence, that is rented out by the Owner to a single group of the travelling public, for a period of 28 consecutive days or less, and is licensed by the City of Niagara Falls to carry out a business. Page 4 of 129 Page 40 of 546 Owner Occupied Short-Term Rentals (OOSTR’s) are currently being proposed within residential areas in the urban area, except in Residential Apartment (R5A-F) zones and would need to be in a legal self-contained second unit.  Principal Residence (PRSTA) – allows a person to rent out their principal residence for a maximum of 180 nights per year. The owner would not be required to be on site during the stay. Niagara Falls does not permit the Principal Residence model and it is not being contemplated at this time, however it is a common approach taken in other municipalities (Toronto, St. Catharines, Thorold, Welland, Vancouver/British Columbia, Hamilton, Buffalo, Paris, New York). Analysis The following provides supplementary information to the analysis provided in PBD- 2025-16. Statutory Public Meeting The Statutory Public Meeting was held on March 18, 2025 for the proposed Official Plan and Zoning By-law 79-200 amendments to allow for OOSTRs in residential areas with the exception of Residential Apartment (R5A-F) zones in the City. At this meeting there were proposed the of support in were speakers Many spoke. who people 12 permissions and amendments with some of the key considerations highlighted:  It could assist with the costs of building a second unit (i.e. ADU);  This option can help younger people purchase a home (rent out ADU);  This could be marketed to students in Niagara Falls so they only pay rent for 8 months of the year. The unit could be rented to tourists the remainder of the year;  This would support students and faculty who are doing hybrid programs and are only required to attend in-person classes periodically;  This provides an alternative to long-term rentals and the associated enforcement challenges;  The proposed permissions are only minimally different to bed and breakfast permissions;  The vacation rental industry is going to continue to grow;  Licensed operations are not receiving complaints;  This is a different product than what hotels provide;  This will support jobs such as cleaners, caterers, landscapers etc;  Studies have shown this does not have an impact on affordable housing;  Allowing people to rent their home occasionally can help them stay in their home;  This will help to build more housing units;  Licensing STRs will ensure that people feel safe; and Page 5 of 129 Page 41 of 546  Provides an option for people to rent part of their home in a legal way. Additional suggestions for expanded permissions included the following:  Open up who could represent the owner, including family members;  Provide a grace period for illegal operations to get licensed and waive the fee for the first year;  Look at opportunities to expand the VRU permissions where they could be appropriate; and  Need to ensure the licensing process is reasonable. There were also comments in opposition to the proposed permissions and amendments. The key considerations in these comments included the following:  This takes away from long-term rentals;  This seems to be in response to enforcement challenges rather than a need for these accommodations;  If people don’t want to do long-term rentals they have the option to do bed and breakfasts;  Concerns around existing enforcement of by-laws;  Concern regarding new people and pets in neighbourhoods;  Concerns related to traffic and crime;  Existing STRs often have absentee owners;  Feel that this could provide a new loophole;  There is no regard for existing declarations registered on title for condominiums;  There are concerns related to the provision of adequate parking, particularly where there are already challenges; and  Preference to see these looped into the bed and breakfast policies. Many of these comments were considered through PBD-2025-16, however some additional information is included below. A full comment response chart that addresses all oral and written submissions is included in “Appendix 1” to this report. Best Practice Research Municipalities across Canada—and globally—are grappling with how to regulate STRs in a way that balances economic benefit, housing supply and affordability, and livability. The majority of the Niagara Region municipalities allow owners to rent out their primary residence for short term rentals between 28 and 30 days, to a single renter. Fort Erie and Lincoln have requirements for owners to be on site for the duration of the rental period while St. Catharine's, Thorold, Welland and Wainfleet allow owners to rent out their primary dwelling but do not require an owner on site. Looking at a broader scale, many large cities including Toronto, Ottawa, Hamilton, Vancouver, Buffalo, New York and Paris allow for short-term accommodations as part of a primary residence. Page 6 of 129 Page 42 of 546 The municipal review demonstrates that there is a required balance between providing opportunities supply housing protecting and term short for accommodations, neighbourhood character. As part of the pilot project, staff will continue to monitor the policy of various municipalities. Impact on Housing Supply and Affordable Housing Council members requested more information on the impact of owner-occupied short- term rentals on housing supply, long-term rentals and the affordability of long-term rentals. It should be noted that OOSTRs provide additional flexibility relative to renting out an Additional Dwelling Unit (ADU) and does not eliminate the option for a long-term rental. The Provincial Planning Statement, Niagara Official Plan and Niagara Falls Official Plan all identify affordable housing (rental and ownership) as important for municipalities to plan for. The Niagara Falls Official Plan highlights the need to provide a range of housing options across the full housing spectrum including both affordable rental and affordable home ownership, market rental housing and market home ownership. While the policies speak to affordable housing, there is little direction in planning policy related to short-term rentals. While these two items could be considered competing interests in some instances, there is no direction relative to which should take precedence. Unlike British Columbia, the Province of Ontario has not taken a position on STA’s. The Ontario Restaurant Hotel & Motel Association (ORHMA) commissioned a study titled “Short-term Rentals and Housing Affordability in Ontario” by Wachsmuth and St. Hillaire, prepared in December 2023. The study is the first of its kind in Canada, intended to assess the impact of STAs on housing availability and affordability. Based on data collected across multiple cities, the study establishes a direct correlation between having STA regulatory measures and minimizing the impact of STRs on housing supply and affordability. The study concluded that non-resident, commercial STAs have contributed to rising rents, increased demand, and reduced housing availability for local residents. As commercial STAs grow in popularity and profitability, they place additional pressure on the housing market, further decreasing the available supply. The study indicates that long-term rental owners often raise rentals costs due to both limited supply and to remain competitive with STAs. The study further demonstrates that restrictive STA regulations will force housing back onto the long-term rental market as many of the existing STAs within residential areas would not meet the licensing requirements. In the case of OOSTRs, many existing STAs would not meet the requirements for a separate contained unit, the parking requirements, the property being the principal residence of the owner, and being owner Page 7 of 129 Page 43 of 546 occupied for the duration of the stay. With strong enforcement, any STA that cannot meet the licensing requirements would be forced back on the market which would increase supply, reduce speculative demand and ultimately help lower rental prices. Relative to Niagara Falls, the ORHMA states that “Strengthening regulations to limit the proliferation of commercial STR operations and considering policies that promote local residency requirements are crucial steps. By doing so, Niagara Falls can achieve sustainable growth in its STR sector while safeguarding housing affordability and availability for its residents.” There is a clear market demand for STAs and given that Niagara Falls has a strong tourism industry the demand for these types of units will continue and likely increase. As such, it is important to find a balanced approach that meets the need to support the tourism industry while also being mindful of the impact on residents. The proposed owner occupied short-term rentals are an option for Council to consider, that does not allow for commercial operations in residential areas, helps to ensure full properties are not removed from the market, provides additional oversight in neighbourhoods, and allows for a greater distribution of revenue throughout the community. A final consideration as it relates to long-term rentals, as noted by many who provided comments through this process, is that many people may not want to rent long-term because of challenges with the Residential Tenancies Act, 2006, loss of privacy or that family may use the unit for portions of the year. As part of the pilot project, staff will collect data relative to the availability of long-term rentals and rental rates, to gauge the impact of regulatory measures. Considerations for the Tourism Industry The City of Niagara Falls welcomes between 12 and 14 million visitors annually with the tourism industry bringing in approximately 2.4 billion dollars. STAs play an important role in supporting the tourism industry in the City. Data from AirDNA indicates that STAs in Niagara Falls are rented an average of 153 nights/year, at an average cost of $175/night. Based on 1000 STAs, the resulting revenue brought to the City would be approximately 26 million dollars annually. Visitors staying in STAs would also be spending money going to local restaurants, entertainment, shops and grocery stores. If all unlicensed STAs are removed from the market, there could be a significant impact on the tourism industry. OOSTRs provide the opportunity for people to host a STA at their principal residence in a manner that is appropriate in the neighbourhood context. Should Council approve the proposed OPA and ZBA, there would likely still be an impact to the tourism industry as the proposed pilot project would limit OOSTR licenses to 100 during the proposed pilot program, ultimately removing a large portion of the current unlicensed listings. Page 8 of 129 Page 44 of 546 Legislated Notification Requirements Questions were raised at the Statutory Public Meeting regarding the notice that was provided to the community. Relative to an OPA and ZBA, the Planning Act only requires one locally a in provided distributed with meeting, public statutory notification newspaper a minimum of 20 days in advance of the meeting date. The statutory public meeting was held on March 18, 2025 and the public notice was published in the Niagara Falls Review on February 22, 2025. Above and beyond the Provincially legislated consultation requirements, the following was done to engage the community and gather feedback on this initiative:  A Lets Talk page was created to share information, solicit community feedback and provide open house and meeting notifications. The page had 2,368 views between November 4, 2024 and April 29, 2025;  A public survey on the Lets Talk page yielded 289 contributions (as summarized in Report PBD-2025-16);  The initiative was highlighted through a social media campaign, with the original post yielding 17,000 views on Facebook;  The City hosted a public open house on December 9, 2024 with approximately 30 attendees;  The project team met with the President of the Niagara Falls Canada Hotel Association;  In addition to the newspaper, the Statutory Public Meeting notice was advertised on the City’s website;  38 direct email notifications were sent for the statutory public meeting (to those that attended the open house, had provided comments, or requested updates); and Permitting and Licensing Requirements During the Statutory Public Meeting, comments were made that the Additional Dwelling Unit permitting and VRU/B&B licensing process is onerous and challenging. It is important to note that the permitting requirements are not undue or unique to the City of Niagara Falls, as all housing units in the Province of Ontario must meet the legislated requirements of the Ontario Building Code and Fire Code, to ensure public safety. Licensing requirements allow the City to ensure approvals from zoning, fire, health (where required) and building are all in place. Ultimately the permitting and licensing requirements are in place to protect the public and ensure user safety. A key consideration for permitting OOSTRs is the requirement for a self-contained unit, also known as an Additional Dwelling Unit (ADU). The City currently allows two ADUs as of right subject to zoning and building code requirements. To build an ADU a building permit is required and the unit must be in accordance with the building code. The building code provides requirements relative to the location of the ADU, room sizes, ceiling heights, windows, plumbing, heating and ventilation, electrical facilities and lighting, fire safety, smoke alarms, carbon monoxide (CO) alarms, exits. Further the age Page 9 of 129 Page 45 of 546 of the building can impact what building code requirements apply. This is all important to understand as simply adding a kitchen and a bathroom would not mean that there is a legal additional dwelling unit that could be licensed for use as an OOSTR. Report PBD-16-2025 proposes to modify the Licensing By-law (subject to the proposed OPA and ZBA being approved) so the existing requirements for bed and breakfast licensing would also apply to OOSTRs (Appendix 4). Staff recommend that an evaluation of the licensing process also occur as part of the reporting process for the pilot project, should Council proceed with the recommendations. Proposed Pilot Project In response to the concerns raised by the community and Council at the Statutory Public Meeting, City staff are recommending that Council approve OOSTR permissions as a pilot project where the demand, impacts to neighbourhoods, complaints and enforcement issues, licensing challenges, as well as the impact on housing supply and affordability can be assessed over the next 14 months. The Pilot Program is proposed to conclude at the end of September 2026 and staff will report back by the end of the year. This will provide analysis on two summers. As part of the Pilot Program, staff are recommending that the number of OOSTR licenses be limited to 100 per year for the entire City and issued on a first come first served basis. Staff are also recommending that only one OOSTR be permitted within 150m of another one, measured property line to property line, to ensure there is no undue concentration (this change is now reflected in the proposed Zoning By-law amendment and Licencing By-law amendment). This distance equates to approximately 9-12 houses (depending on lot size). If Council determines that it would like to continue with permitting OOSTRs after the pilot program, a decision can be made about whether or not to continue capping the licenses at 100 and if the distance requirements should remain. Conclusion and Next Steps Planning for communities often requires assessing a variety of interests with an aim to achieve a balanced approach. Often one planning matter will have implications for another and cannot be considered in isolation. Establishing regulatory permissions for OOSTRs in residential areas and enforcing illegal operations will force unlicensed operations back onto the housing market, ideally lowering the cost of rent for the long- term rental market. Additionally, OOSTRs will provide benefits to the homeowners that are operating them and support the tourism industry within the City. Finally, the proposed option will better distribute short term accommodation revenue throughout the community rather than having a few investors monopolize the market. If Council approves the recommendations in PBD-2025-43, the supporting by-laws for the Official Plan, Zoning Bylaw, Licensing By-law, AMPS By-law, Fee By-law and MAT By-law will also be amended as outlined in PBD-2025-16 and ‘Appendices 2-7’, including reflecting changes relative to the proposed Pilot Program (where required). Page 10 of 129 Page 46 of 546 Should Council elect to explore alternate options and approaches, a new planning process including a public open house and statutory public meeting would need to take place. Financial Implications/Budget Impact Should Council approve the proposed amendments and direct staff to update the relevant by-laws, there will be revenue generated from the licencing fee and MAT associated with OOSTRs. Strategic/Departmental Alignment The proposed amendments align with the Economic Diversification and Growth pillar of the 2023-2027 Strategic Plan by recognizing a change in market demand for short-term accommodations and providing opportunities for residents to earn additional income by hosting visitors to the City. Strategic Plan Pillars Economic Diversification & Growth Fostering a balanced and sustainable local economy achieved by expanding and diversifying the types of industries and businesses operating within the community. List of Attachments Appendix 1 - Comment Summary and Responses Appendix 2 - By-law 2025-031 - AM-2025-001 - OPA 180 - Owner Occupied Short-Term Rentals Appendix 3 - By-law 2025-032 - AM-2025-001 - ZBA - Owner Occupied Short-Term Rentals Appendix 4 - By-law 2025-033 Licencing By-law Amendment Appendix 5 - By-law No. 2025-034 2025 Schedule of Fees Appendix 6 - By-law 2025-035 - AM-2025-001 - AMPS By-law Amendment - Owner Occupied Short-Term Rentals 06.25.2025 Appendix 7 - OOSTR MAT By-law No. 2025-036 Appendix 8 - Location of existing Bed and Breakfasts and Vacation Rental Units Written by: Kailen Goerz, Senior Manager of Long Range Planning Initiatives Submitted by: Status: Signe Hansen, Director of Planning Approved - 30 Jun 2025 Kira Dolch, General Manager, Planning, Building & Development Approved - 30 Jun 2025 Page 11 of 129 Page 47 of 546 Jason Burgess, CAO Approved - 01 Jul 2025 Page 12 of 129 Page 48 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response Written Submission: Interested in operating a short-term rental and to be updated on the status and requirements in place. 1 Liviu Cojocaru & Gabrielle Guo Oral Submission: Built a backyard suite for parents to live with them. Their parents do not need it yet and likely won’t need it for the full year. Speaker would like to use it as a short-term rental to assist with costs. Questions related to whether the proposed OPA and ZBA would allow this and when they could get licensing. Will continue to update throughout the process. No changes are requested to the proposed OPA/ZBA. 2 Amir Haskell Have a licensed Bed and Breakfast. Would like to understand why they cannot rent out to one group using the three bedrooms. Suggestion that the illegal operations would have a year to license without a licensing fee and then would need to pay the fees in the following years. Licensed Bed and Breakfasts are not changing. This is something that can be considered in the future. The licensing process ensures guest and resident safety. The City would require those wanting to operate an OOSTR to be licensed. Oral Submission: Runs a local family business that is rapid modular housing that are Stackable scalable ADU’s. 3 John MacDonell Written Submission: Infill is desperately needed and quickly. Positive impacts of rapid factory made housing and how owner operated units can help. No changes are requested to the proposed OPA/ZBA. Page 13 of 129Page 49 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 4 Aras Reisi Oral Submission: Income from second unit can help younger people afford a house. It can also allow older people to stay in their house. There have been changes since the bed and breakfast policies were updated in 2018 including permissions for ADU’s, Covid 19 shifting people’s desire to have private bathroom and kitchen, housing affordability and a new University in Niagara Falls. Bed and breakfasts are already permitted. Once you put a bathroom and kitchen in you are no longer a bed and breakfast. The proposal allows for millennials and Gen z to get into the housing market. This proposal can support Niagara Falls as a University City. Can use this as an opportunity for students to only pay for the school year and have it rented to tourists for the remaining spring/summer months. The Hybrid program would also benefit from this as they only attend in person occasionally (once a month). This can be a preferred option for those that do not want to have long term rentals. Suggest that the permissions be opened up to allow family members to live at the property and represent the owner, not just requiring the owner to be on site. Supportive comment. As it relates to the request to allow family members to represent the owner, the proposed ZBA has continued to require the owner to be on site and that it be their principal residence. This has not changed as it could create challenges with enforcement and provide further opportunities for loopholes that could allow for property management companies and create a commercial operations. Page 14 of 129Page 50 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 5 Frank Messina Oral Submission: Currently a landlord for a few properties. Supportive of this initiative. Have some friends who have Air Bnb’s. the properties are well maintained and taken care of. Have experienced challenges with long term rentals in terms of the mess and difficulties with enforcement as a landlord. People are afraid to rent. Don’t believe that air bnb’s are creating the housing shortage but rather that there are issues with the landlord and tenant act. Generally looking for Council’s support for landlords. Supportive comment, no changes made. Page 15 of 129Page 51 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 6 Peter Colosimo Oral Submission: Concerns as a resident. Opening a hornets nest. The City previously dealt with this in 2018 and there was an Ontario Land Tribunal hearing in 2021 that supported the City in not permitting Vacation Rental Units in residential areas. The decision recognized that bed and breakfasts are distinctly different. Last year there were 275 complaints. Seems to be more of an enforcement matter rather than a need for tourist accommodations. Additional dwelling units are permitted now, so people are able to rent those out long term. If they would like to do short-term then they should operate a bed and breakfast. Bed and breakfasts can be a home occupation but they must be in the main dwelling. No cooking facilities for the occupants. They are considered minor and ancillary to the residential use. The City is proposing to go beyond this. City’s report did not address Provincial Regional, and local policies specifically related to ADU’s. The report does not address long-term rentals. There isn’t a need for this. We are converting hotels and there are questions about if owners are actually operating these units. As it relates to a need for tourist accommodations, staff recognize that the types of accommodations that tourists are looking for has changed. Studies indicate that a large portion of tourists no longer prefer to stay in hotel rooms. The policy and zoning direction has been very intentional to keep the OOSTR permissions consistent with those of B&B’s and are also considered as a type of home occupation. OOSTR’s are minimally different from B&B’s in that they allow for a Page 16 of 129Page 52 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response Written Submission: •Concerns regarding the amount of time and resources already dedicated to VRU policies. •For B&Bs, residential dwelling unit is expected to be retained as the primary use to protect the residential character of the neighbourhood and to prevent the potential loss of rental housing in a second unit. The Province has recently been promoting objectives for “Building More Homes Faster”. One example is the introduction of regulations making it mandatory to allow up to two “additional dwelling units” (ADUs) on a property intended for residential purposes and for more affordable rental housing. The City’s proposal to allow the conversion of independent dwelling units for “commercial use” as short term rentals in residential areas is contrary to these Provincial objectives and other related policies. •The current proposal will complicate existing regulations for VRUs and result in further challenges for enforcement (i.e. verifying the owner is home/principal residence; private companies leasing potential rental units for VRUs; parking challenges since 6 individuals could be renting; enlargement/conversion of residential dwellings etc.). •There is no need for additional forms of visitor accommodations in the City. In fact the City has, to its credit, approved the conversion of some vacant motels to residential units. An expanded “mixed use” designation and policies in the new Official Plan could be a helpful overall solution for all types of accommodations. However, no changes should be made to allow these “commercial” uses in residential areas given the need to meet Provincial housing objectives and to provide more affordable rental housing in the City. full unit vs. guest room, they can rent to one party vs. three, require less parking spaces and the OOSTR can be located within the main dwelling or separate vs. the B&B requires location in the main dwelling. OOSTR’s could be considered less intensive and more compatible than B&B’s. The proposed ZBA would only allow a person to operate one OOSTR at their principal residence, meaning they are distinctly different from VRU’s and would not be supported as a commercial operation. Staff understand the importance of affordable long-term rentals and recognize that OOSTR’s could compete with long-term rental opportunities in ADU’s, however they also provide an incentive to create more ADU units that could increase supply and potentially be used for long-term rentals. It also allows residents to make additional income to support the cost of living and support affordable/attainable home ownership. Further, a study conducted in an Ontario context has indicated that creating restrictive regulations on STR’s can reduce rental costs for long- term rentals. OOSTR’s aim to provide limited opportunity to allow for STR’s, however the majority of unlicensed STR’s would not fit the requirements and would be forced back onto the market. Staff met with Mr. Colosimo on April 9, 2025 and discussed the points noted in both the oral and written submissions. Page 17 of 129Page 53 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 7 John Pinter Oral Submission: Vacation rental industry already valued at 100 billion dollars compounded annual growth is estimated at between 3 and 11%. The number of users world wide is estimated to hit 1 billion by 2029. Public funding of Air BnB and VRBO’s acquisition by the Expedia group, means these organizations have deep pockets. They are building critical mass and taking over with advertisements everywhere. This market is going to continue to grow. The proposal in front of Council is very similar to the bed and breakfast permissions. Don’t anticipate that there would be a wave of applications since there are only 57 licensed bed and breakfasts in the City currently. The City is not addressing the issue that the demand is going to increase. There are a limited number of streets that are general commercial or tourist commercial. Should be maximizing the amount of economic benefit for everyone in in the City with the least amount of residential intrusions. The current zones and permissions for VRU’s don’t all make sense. Encourage Council to approve and adopt the current proposal, but in the long run need to look at opportunities to expand VRUs. Comments are generally supportive. Changes are not requested for the proposed OPA and ZBA. Changes to the vacation rental unit policies are not being contemplated at this time. Page 18 of 129Page 54 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response Written Submission: Since OOSTR’s involve the presence of owner, consideration that the same owner should be able to operate within a certain radius to address nuisance issues. The requirement to have the owner on site is intended to ensure that there is oversight, that multiple units are not taken off the market and that OOSTR’s do not become commercial operations. No change made. 8 Rachel Stempski Oral Submission: What is being proposed is virtually the same thing as what is permitted for bed and breakfasts. Licensed VRU’s and bed and breakfasts that we have currently don’t receive complaints, so there shouldn’t be any concerns about safety in neighbourhoods. Last year thought there was about 170 complaints for about 1,700 that is about 1.7%. We aren’t being told how many of these complaints are about the same property and we aren’t being told how many of these are infractions or people on a “witch hunt”. The people we are talking about aren’t neglectful investors, they are people who live in their homes and love their community. Want to be clear we are not competing with hotels, there hasn’t been a new hotel built in Niagara Falls for 16 years. This offers a different product for people who otherwise wouldn’t come here (e.g. multi-generational, people with pets). Tourism in Niagara Falls is down. Tourism jobs in Canada is up 20% and in Niagara Falls it’s down 7%. The owner occupied short term rentals will help to provide jobs to cleaners, caterers, landscapers etc. Comments are generally supportive of the proposed OPA and ZBA. In response to the licensing comment, the proposed pilot program would assess the success of the licensing process at the end of the 14 months to determine if there are opportunities for improvement while still meeting relevant legislative requirements and ensuring health and safety (meeting requirements under the Ontario Building Code and Fire Code). Page 19 of 129Page 55 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response BC attempted to illegalize Air bnbs recently and hotel costs went up and tourism went down. Our average host in Niagara Falls only rents to 50 guests per year. If the licensing process is unreasonable, we will have the same repercussions here. Related to affordable housing, Stats Canada recently did a study and concluded that STR’s don’t have an impact on rising housing costs. When Toronto didn’t have regulations they had 20,000 air bnb’s after they have 7,000, with extra 13,000 on the market you would predict that rentals would become more affordable, but they still rose by 40%. If you build them they will come. With changes to ADU’s, you can now have two on your property as of right, however with the current landlord tenant landscape, most people aren’t going to invest hundreds of thousands of dollars into their home to add units. However if you soft sell it to them to put the money into their home, have their parents there, have their kids there, make this space available and in the off season billet kids, hockey players etc. and now you have created more housing that will most likely evolve into long term housing. Would urge (Council) to consider approving this tonight to help our residents and business owners, but please set the policies up for success like so many of our neighboring municipalities that have a fair and balanced permitting process. With bed and breakfasts, since 2021 we have not been able to license any new bed and breakfasts. Please make the rules with ethical reasoning and not Page 20 of 129Page 56 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response nefarious intent. The challenges have been with the building department including requiring stamped architectural and engineered drawings. Page 21 of 129Page 57 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response Written Submission: •Realtor out of Niagara Falls for over 20 years – invested in this community within the real estate sector. •Rising costs of mortgages and bills have made additional income from STRs a lifeline for numerous families. •Believe that a lot of people who wish to express their want and need for STRs are genuinely scared to do so for fear of losing this extra income. •Niagara Falls has not had a new hotel built in 16 years and many local motels have transitioned to long-term residences, driving tourists to seek accommodations in nearby towns. This situation also affects the local job market - tourism jobs have increased across Canada in recent years, but decreased in Niagara Falls. •There is room for both traditional hotels and STRs in the City. If tourists are looking for a home-like atmosphere, they will seek out alternatives if we don’t provide them. •Need for ADUs is increasingly evident but homeowners are hesitant to invest in long-term rentals due to fear of tenant and privacy issues. Allowing OOSTRs could increase housing availability and alleviate anxiety associated with full-time rentals. •Regulations established in 2021 have made it nearly impossible to license new B&Bs. Other municipalities like Fort Erie and Port Colborne make it simpler. Comments are generally supportive of the proposed OPA and ZBA. In response to the licensing comment, the proposed pilot program would assess the success of the licensing process at the end of the 14 months to determine if there are opportunities for improvement while still meeting relevant legislative requirements.Page 22 of 129Page 58 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 9 Anne Phillips Oral Submission: Property manager for two apartment buildings and runs own cleaning business. Likes to keep up with what is happening. Doesn’t often use social media. Don’t feel that by-laws are ever used and it’s difficult to make a complaint. Around the corner someone purchased two houses and there are 11 people in one and 9 in another. There is traffic and cannot walk around own street because of crime. Changing from a small town and the infrastructure can’t handle this. Trying to squash 50,000 people in this town. Don’t like the decisions that Council has made lately. Currently overloaded, can’t drive or make left hand turns. Have called the Region to request a stop light. Against low rentals, bnb’s, short term rentals. It is hard to get people out as a landlord. would like to be a voice for older people in this City to stop pushing out. Asking Council not to pass this by-law. New people coming in great, but we live here, pay taxes here and raised our children and grandchildren here. Don’t see responses from By-law. There are issues about traffic and crime in her neighbourhood. The new AMPS by-law will help with enforcement of unlicensed STR operations in the City along with other complaints. The proposed OOSTR’s would provide limited opportunity for STR’s to occur under specific requirements within residential areas of the City, however overall there would be much less STR’s than what is currently exists. Studies indicate that regulations on STR’s that do not allow for commercial operations reduce demand and ultimately lower rental prices. Ideally this will support people in these communities and not push them out. Page 23 of 129Page 59 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 10 John Garrett Oral Submission: Related to enforcement, called with an inquiry about STR’s in July 2022. There doesn’t seem to be enforcement. Places I have inquired about if there are licenses, they have been shut down. Tourists would come and couldn’t get in to their rentals. Would take them to licensed BnB’s and VRU’s. Seems to be people are renting these are not living in Niagara Falls. Operating mostly without licenses. There is no enforcement. How can you stop people who are renting from doing STR’s. Some people could be operating these illegal rentals that don’t own them. Software scanning two main sites are likely missing a bunch. When moved into house there were 19 houses on the block. With one that was considered “rooms for tourists”. As of 2022 there were 16 on one block. These were taken from Single family homes, duplexes and triplexes. Since the new licensing for VRU’s came into effect that number went down to zero and now there are 4-5 licensed VRU’s/bed and breakfasts. Cant agree with another loophole for people to have a STR. Would rather see this looped into the Bnb policies. There is no limit on the number of nights someone can stay at a BnB. Staff understand the challenges with enforcement of VRU’s and believe that with the new AMPS by-law, enforcement should become easier. The proposed pilot program will provide an opportunity to identify any challenges with the proposed OOSTR’s in terms of enforcement or loopholes that can be addressed. The proposed OOSTR’s are intended to be similar to bed and breakfast policies with minor differences primarily to allow an owner to rent a separate contained unit at their principal residence. Page 24 of 129Page 60 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 11 Joe Mrozek Oral Submission: In response to the gentleman that said there aren’t a lot of opportunities for VRU’s and what has been approved by Council there are probably a couple hundred units approved, so the opportunity is there. The unfortunate thing is stuff gets approved but nothing happens. In terms of how the public is notified, don’t normally look at the City’s website. Mrs. Dolch did give me a heads up that something was coming up. I started drafting comments but forgot to send them. Wasn’t here for the open house, was in Florida for two months. How I became aware of this was by a newspaper article so I went to the City’s website and there was a notice. In terms of notification, it may have met the Planning Act requirements but I’m sure there are others who didn’t feel they were notified. Can’t see what the hurry is to get this approved. Council can defer to get more input. Here to talk about the impact to my community. There is a declaration that is registered on title that sets out rules, regulations and by-laws for the condominium. This is a single family and townhouse development. No accessory apartments, no bnbs, no home occupations and other by-laws passed. These condominiums are approved by municipalities and declarations are registered on title, and then the municipality comes along and doesn’t care about what is in these regulations. Decisions made through approval has created a parking issue. Provided pictures for Council. Forcing the requirements for additional dwelling units, where is the additional parking going to go? Noticed someone doing construction on their property. Called the City to ask if they were putting in an accessory dwelling unit and the City wouldn’t disclose that. Have a problem with the impact that this will have on the community I live in. Contrary to the by-law. City’s by-law often refers to the condo board. These are private streets. Hopefully this wont be approved without addressing my concerns. As noted in the report, the City went beyond the Planning Act requirements for notice. The condominium board can create an agreement that is between the board and their owners, however the City is not a party to that agreement. An OOSTR will require 1 parking space for two bedrooms or 2 spaces for three, in addition to what is required for the principal residence. The City is finalizing a parking study that will modernize parking requirements City-wide. Page 25 of 129Page 61 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response Written Submission: •Condominium declaration does not permit short-term rentals. •Parking is an existing issue in their condominium and short- term rentals would exacerbate the problem. 12 Mary-Ann McKinley Oral Submission: There are a number of other issues that are being brought up that are not relevant to short term rentals. The City has changed and I love this City. You are doing a fantastic job, difficult job. There has been a lot of immigration, there are challenges with housing, infrastructure and parking and a lot of issues that other cities have as well. I think we have a need in our City to increase the volume of VRU’s in a responsible way. This allows people to plan and apply for licenses and the by-law is a small step to address the shortage that we do have. It’s important to go through planning, going through the license process and doing it the proper way. Operates a BNB, enjoys meeting people and most people prefer not to stay at a hotel. Ran it and realized I need a license. It’s only for two people and wouldn’t run it if not there. Usually people stay 2-3 nights. Would like to have a legal unit so that people feel safe. Promote tourism in the City when people come to stay. Supportive comment, no changes requested. 13 Dave Barber First Written Submission: Family does not support Owner Occupied Short Term Rentals in residential areas of the city. These types of businesses are meant for hotels and other types of commercial accommodations and should not be in residential areas. OOSTR’s provide limited opportunities for people to rent out a separate contained unit at their principal residence. It is similar to the Page 26 of 129Page 62 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response Second Written Submission: •Fix the current problem with illegal operators before considering new •Short term rentals are commercial activity. Why do they need to go into residential areas? •Short term rentals should stay out of residential areas and locate in commercial areas already permitted bed and breakfast policies and is not intended to be a commercial operation. With the new AMPS by-law, enforcement of unlicensed operations will be more effective and responsive. Page 27 of 129Page 63 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 14 Jason Coxon Written Submission: •Owners should be permitted to delegate responsibility to another adult (e.g. children living with them, parents, etc.) •There should be a “grandfather clause” for units within buildings that have already passed a basic building inspection as this may cause undue financial hardship if the entire secondary unit needs to be updated to newest building codes. •Supportive, but need to make sure licensing process is easy, efficient, and makes financial sense for all parties (not a fee/tax grab for the City). •The homeowner should be allowed to rent out the primary or secondary unit. •Will help owner’s to make extra income through rental. The proposed ZBA has continued to require the owner to be on site and that it be their principal residence. This has not changed to provide permissions to other family members as requested in this comment as that could create challenges with enforcement and provide further opportunities for loopholes that could lead to property management companies and create commercial operations. The permissions specifically require a self contained unit, which has requirements under the building code. Any OOSTR would need to meet these requirements. The licensing process will be similar to the licensing process for bed and breakfasts. After the pilot program, staff will assess the success of the licensing process and determine if there are any opportunities for improvement that continue to meet required legislation. The definition of OOSTR does not state where the owner must have their principal residence on the property. Page 28 of 129Page 64 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 15 Teresa Safarian Written Submission: Supportive as it will allow owners to make extra income during difficult economic periods. Supportive comment, no change requested. 16 Stefan Avdjiyski Written Submission: •Supportive and has seen how owners living on the property leads to fewer complaints from neighbours. •Owners of multiplexes should be allowed to have more than one OOSTR on the property (e.g. two OOSTRs in a triplex or three in a fourplex). Supportive comment. The requirements have continued to only allow one OOSTR per property to ensure they have minimal impact on the neighbourhood and that they do not become commercial operations. This requirement also limits the number of units that could be removed from the long-term rental market. Page 29 of 129Page 65 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 17 Cynthia Adams Written Submission: •Owners should be permitted to delegate responsibility to another adult (e.g. children living with them, parents, etc.) and should be allowed to rent out the primary or secondary unit. o Example scenario - A family member (i.e. not the owner) lives in the secondary unit. The family (owner) in the primary residence goes away on vacation, creating an opportunity to rent out the primary residence. In this case, the responsibility for the OOSTR would be the family member in the secondary unit. •Consider increasing the permitted number of rooms and guests to accommodate large family groups. •They understand that the goal for parking is to reduce the likelihood of renters parking on the road. Gave a suggestion to link the required parking to the number of guests instead of number of rooms. •Approval of this will bring more business to Niagara – owners may consider hiring a business to manage the rental aspect and a cleaning company. •Travelers often want flexibility of a full kitchen in the unit. The proposed ZBA has continued to require the owner to be on site and that it be their principal residence. This has not changed to provide permissions to other family members as requested in this comment as it could create challenges with enforcement and provide further opportunities for loopholes that could lead to property management companies and create commercial operations. Bed and breakfasts are limited to 3 guest rooms in residential areas. Continuing to limit these helps to ensure that OOSTR’s remain compatible in the neighbourhood context. The parking is based on the number of bedrooms as the number of guests could change with each rental period. Page 30 of 129Page 66 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 18 Randy West Written Submission: •In favour of allowing Owner Occupied Short Term Rentals in residential areas. •Owner supervision mitigates unwanted behaviors. There are fewer unwanted behaviors from short-term renters than long-term. The owner will also put more effort into property maintenance to help with reviews and secure more renters. •Economic benefits will be passed onto local retailers and will help new home buyers afford monthly costs and help owners stay in their homes by making some extra income. •Offers a different (and potentially more affordable) accommodation option for tourists. Supportive comment, no changes made. Page 31 of 129Page 67 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 19 Mohammad Sheikholeslami Written Submission: •Decision to permit OOSTRs is in alignment with the “Niagara Strategy”. OOSTRs will help to accommodate growing tourism industry and changes in tourist expectations/behaviors (e.g. traveling with pets, traveling in group/ multi-generational, accommodation with kitchen facilities, private swimming pool/hot tubes, etc.) •Owners should be permitted to delegate responsibility to another adult (e.g. children living with them, parents, etc.) •Allowing a garage to count as a Parking Space. •Many potential benefits: o New and steady income for City from annual license fees and MAT. o Fewer calls for the by law officers to deal with unlicensed STR o Economic benefits passed on to other local businesses (restaurants, insurance brokers, plumbers etc.) o Licensing = safer accommodations for tourists. o Improved property maintenance by STR owners to make houses appealing to guests. o Additional income for owners. Supportive comment. The proposed ZBA has continued to require the owner to be on site and that it be their principal residence. This has not changed to provide permissions to other family members as requested in this comment as it could create challenges with enforcement and provide further opportunities for loopholes that could lead to property management companies and create commercial operations. A garage would be considered a parking space in accordance with the Zoning By-law 79-200 Page 32 of 129Page 68 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 20 Ellen Duffus- Salvatore Written Submission: Not supportive. Don't want tourists in residential areas and if permitted should be closer to the tourist core only. Do not see the need with all the existing accommodation options. Many people now prefer to stay in short term rentals vs. hotel accommodations. OOSTR’s allow for a limited opportunity for people to host renters at their principal residence in a manner that is appropriate in neighbourhoods. Enforcement will be strengthened through the AMPS by-law for other non- licensed operations. 21 Evgeni Lyach Written Submission: In favour of OOSTRs. Property owners should have freedom to rent property so long as they take care of the property and do not cause issues for neighbours. Extra income is helpful for people. Supportive comment, no change made. 22 Mary Anne Seppala First Written Submission: Enforcement of short-term rentals with or without owners present is impossible to enforce. Both absent owners and live in owners have the response that they can do what they want with their property. Having owners on site does not solve the problem. Staff understand that enforcement has been challenging. With the new AMPS by-law it should be easier to enforce unlicensed Page 33 of 129Page 69 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response Second Written Submission: Their neighbourhood has been adversely affected by short-term rentals. The proposed conditions and requirements seem adequate, but they need to be strictly enforced in order to stop bad practices. The requirement for having the owner live on site seems like it will be difficult to enforce. short-term rentals. If licensed operations receive valid complaints they would also be subject to fines and could lose their license. 23 Steve McGivney Written Submission: They are against increasing short term rentals in Niagara Falls residential areas as proposed. Over the past few years they have experienced a decrease in resident safety and quiet enjoyment of their homes due to the increase in temporary visitors and feel that this will exacerbate the problem. Niagara Falls’ robust hotel sector was developed to accommodate large amounts of temporary visitors (e.g. enhanced police presence, security and trained hotel staff), whereas residential areas do not have the same resources. Long term residents have an interest in creating a safe and quiet home environment that temporary visitors do not. Long term rentals also help the lack of housing and affordability issues. The proposed OOSTR would only allow a property owner to rent out an additional dwelling unit where they have their principal residence. The proposed pilot program would limit licenses to 100. It is not anticipated that there would be that many licenses issued given the strict requirements. Overall, with increased enforcement there should be a decrease in STR’s throughout neighbourhoods. 24 Syed Wasif Written Submission: Interested in operating a short-term rental and to be updated on the status and requirements in place. Supportive, no changes made. Page 34 of 129Page 70 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 25 Jerry Dell Written Submission: Parking is a problem, especially in winter. As a senior, they can’t shovel the mounds of snow left by the plows. Residential zones for single family dwelling should be left as is. The new proposal will increase problems. The proposed OOSTR’s require a space for the principal resident plus one space for two bedrooms or two spaces for three bedrooms. 26 Doug Birrell Written Submission: Requested data on how many complaints there has been about short term rental guest behavior in the last couple of years. Information about complaints was provided in report PBD- 2025-16. No changes required to the proposed OPA and ZBA. 27 Hansley Pais First Written Submission: Wondering how the city would enforce the owner being on the property and about the possibility for Niagara Falls to have a similar arrangement as the City of Toronto in their partnership with Airbnb and Vrbo for by-law enforcement. The City generally addresses concerns on a complaint basis, however when a license is issued, we can complete impromptu Page 35 of 129Page 71 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response Second Written Submission: Question regarding insurance liability requirements for OOSTRs. inspections to ensure that the licensee is on the premises in accordance with the relevant by-laws. If the owner is not present, we would expect them to be there within one hour (recognizing that people work and need to leave the house as part of their daily lives - to get groceries, go to the doctor etc.). The City has had prior communications with various platforms, but it is premature to suggest what the relationship would be and how they would be utilized through the enforcement process at this point. OOSTR’s would be required to get the same insurance that is currently required for bed and breakfasts. 28 Mark Bodogh Written Submission: Supportive of OOSTRs. Supportive comment, no changes made. Page 36 of 129Page 72 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 29 Behnam Written Submission: •Requested further information on the fees and taxes related to short-term rentals. •Believes it is essential for short-term rentals to be legalized and effectively monitored by the City of Niagara Falls to ensure that both property owners and temporary tenants adhere to the rules and policies enforced by city officials. •Allowing OOSTRs in residential areas aligns with the Niagara Strategy. The City should prepare for an increase in visitors with diverse accommodation needs (e.g. pet- friendly, multi-generational travel). Many benefits: o New and steady income for City from annual license fees and MAT. o Fewer calls for the by law officers to deal with unlicensed STR o Economic benefits passed on to other local businesses (restaurants, insurance brokers, plumbers etc.) o Licensing = safer accommodations for tourists. o Improved property maintenance by STR owners to make houses appealing to guests. o Additional income for owners. •Owners should be permitted to delegate responsibility to another adult (e.g. children living with them, parents, etc.). •Consider allowing a garage to count as a Parking Space. Supportive comment. If Council proceeds with the proposed OPA and ZBA, the Fee By-law and the MAT By- law would be updated to include costs for OOSTR’s. The licensing fee is proposed to be $500 for the first year and $250 for each year after, consistent with the licensing fee for bed and breakfasts. The MAT tax would be in accordance with the new MAT By-law. The proposed ZBA has continued to require the owner to be on site and that it be their principal residence. This has not changed to provide permissions to other family members as requested in this comment as it could create challenges with enforcement and provide further opportunities for loopholes that could lead to property management companies and create scommercial operation. A garage would be considered a parking space in accordance with the Zoning By-law 79-200 Page 37 of 129Page 73 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 30 Jake Tymczak Written Submission: A thoughtful expansion of STR regulations can benefit our city in multiple ways: •When Niagara homeowners see an opportunity to generate income through STRs, they are more likely to invest in building secondary units, ultimately increasing the city’s total housing stock. •Hotels alone cannot accommodate the influx of tourism seen in Niagara Falls, particularly in the summer months. •STRs in residential neighbourhoods encourage visitors to explore different parts of the city, benefiting small businesses in areas that may not typically attract tourism. This helps local restaurants, shops, and service providers thrive, creating a more balanced distribution of tourism dollars. By enforcing the current bylaws and forcing unregistered short-term rental owners to cease and desist, local businesses could see loss of income. If this new bylaw is not passed, the vast majority of accommodation revenue will continue to be concentrated into the hands of large hotel chains. By expanding STR, we allow local homeowners to share in this economic prosperity, spreading tourism wealth more equitably. •Passing this bylaw will increase revenue to the city by means of Municipal Accommodation Tax (MAT). Rather than restricting STRs, we can use the increased tax revenue they generate to directly support necessary initiatives like affordable housing. Other Canadian cities – for example, Victoria, BC – have successfully reinvested STR-related taxes into housing programs, creating long- term solutions. •Expanding STR regulations could benefit students attending school in Niagara by providing additional affordable housing options. •Significant city resources are spent enforcing penalties against unauthorized short-term rentals. By allowing them within a fair regulatory framework, these resources could be reallocated to more pressing community needs. •A growing number of short-term rental hosts are using less commonly used platforms like Google Vacation Rentals, making enforcement of the current bylaws increasingly difficult. The demand for STR is clear—if the city does not adapt, homeowners will simply turn to less-regulated alternatives, making oversight even more challenging. •We can decide to work together with the tide of online vacation rentals and, in doing so, share in the gains that are offered, or we can deny them and lose out on an enormous opportunity – in other words, we can go the way of Netflix, or we can go the way of Blockbuster. Supportive comment, no changes made. Page 38 of 129Page 74 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 31 Mrs. Nadeem Written Submission: Support for allowing OOSTRs in residential area. As a property owner and senior citizen in Niagara falls, this will help them to afford their principal residence. The by-laws will help to ensure that the neighbourhood is respected. Supportive comment, no change made. 32 Aabee Pirzada Written Submission: In support of the OOSTR permissions in Niagara. They are a single mother who owns a duplex. They are a caregiver for their youngest child with special needs, so cannot work full time. Their two adult children go to university out of town and come back for breaks and vacations, so they cannot rent their property to long term tenants. Having the option to rent on a short-term basis will help them and other residents financially. Suggestion to use a demerit points system like city of St Catharines to dissuade unwanted behaviours. Supportive comment, no change made. Page 39 of 129Page 75 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 33 Sandra Orr Written Submission: •Is a licensed Airbnb owner •Instead of restricting VRU’s, the City should focus on fostering responsible VRU ownership. •Encourage an open dialog between Council and VRU owners to find practical solutions that could work for everyone. •Many homeowners are afraid to speak up, worried that their much-needed extra income could be taken away. •For many, short-term rentals are not about getting rich but about survival. They provide a way to make extra income to fund children’s education, support elderly parents, pay the mortgage etc. •Short-term rental operators give up privacy, constantly manage guests and handle never-ending tasks that come with maintaining a rental. It’s hard work juggling bookings, keeping guests happy and dealing with unexpected challenges. •Short-term rentals keep local service providers like cleaners and handymen employed and boosts local economy. •Disagrees that VRU’s take away from long-term rentals as many hosts only rent for a few weeks per year and wouldn’t enter long-term rental agreements due to privacy concerns and tenant-landlord law imbalances. •Reference to a 2024 study out of University of Michigan with findings that short-term rentals only account for small portion of overall housing market and banning does not result in a significant increase in long-term rental availability. Suggests that cities should focus on policies that encourage the development of affordable housing options while allowing responsible home sharing. Further the study found that cities that banned short-term rentals did not see a significant increase in long-term rental availability, proving that restricting VRU’s is not a viable solution to the housing crisis. •VRU’s support the local economy. Visitors frequent local shops, restaurants, and attractions outside of the tourist core, helping spread economic benefits citywide. •VRU’s don’t compete with hotels, they cater to different travelers (multi-generational families of six, pet owners, and outdoor enthusiasts bringing bicycles or kayaks). These tourists wouldn’t come without VRU’s, which would be a loss in tourism dollars for the local businesses. •Acknowledges that the short-term rental market did not have the best reputation previously, but that it has evolved and platforms like Airbnb now have strict rules and safety measures that gives a level of oversight often surpassing traditional rental properties and hotels. •Properties that don’t meet high cleanliness and hospitality standards quickly get poor reviews and don’t get bookings. Guests also get ratings, and people with low ratings for noise violation, property damage, or generally not following rules often don’t get booked. •Platforms like Airbnb use AI technology to detect and prevent high-risk reservations like those linked to potential party events or fraudulent activity. Guests can also be charged for damages through Airbnb •Technology like noise monitors and security cameras help to ensure responsible stays. •The licensing process is excessively complicated and costly making it unattainable, particularly for those who rent only 40 to 50 nights per year. They shouldn’t be subject to the same demands and costs as operators renting a full-time vacation property. Licensing costs should reflect the minimal profit that OOSTRs generate. •Could limit the number of rentals days per year similar to Paris, London and Vancouver. •Fines for operating OOSTRs should be put on hold until a resolution is in place, or there is a legitimate complaint or violation. •Encouraged that Council is open to allowing responsible homeowners rent out their spaces, urges Council to refine the regulations so that the benefits are not drowned in red tape. Comments are seeking expanding permissions for VRU’s. Changes to the VRU policies are not being contemplated currently. City staff are considering OOSTR’s as an option that could be appropriate in residential neighbourhoods. There are points within this comment that also support the introduction of OOSTR’s. The proposed pilot program will provide an opportunity to assess any challenges resulting from the licensing process. Page 40 of 129Page 76 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 34 Spencer Kirkness Written Submission: Wanted more information on the proposed changes. No changes requested. Page 41 of 129Page 77 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 35 Dwight Townsend Written Submission: •Has invested in Niagara Falls. •Asking Council to consider amending legislation to allow for short-term rentals in currently prohibited areas. •Challenges with financing requirements imposed due to COVID-19. •Unable to close on home and lost deposit and builder charged fees/day. •Purchased another property and the City ordered that property closed due to by-law restrictions on STRs. •Mortgage lender rescinded financing resulting in over $10,000 in fees and an additional $40,000 to qualify for a new mortgage. •Escalating interest rates have resulted in higher carrying costs. Have not been able to pay property taxes. •These experiences highlight how vulnerable homeowners can be in the current economic climate. •STR’s offer a necessary avenue to generate income that can help cover rising mortgage costs and preserve home ownership. •The ability to legally operate a STR could have prevented severe financial loss and protected their investment in the City. •With inflation, housing instability, and economic uncertainty affecting many families, they strongly urge Council to revisit and revise current by-laws to allow for regulated STR’s in currently prohibited areas. •Other municipalities have found a balanced solution and so can Niagara Falls. The comments generally speak to allowing STR’s in areas where they are prohibited. The OOSTR permissions would not permit all STR’s, but only where they are in an additional dwelling unit located on a property where the owner has their principal residence. No changes made. Page 42 of 129Page 78 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 36 Megan Aird Written Submission: •Contemplating doing an ADU and renting it out long-term in the future, however a short term rental at the current moment would better fit their needs. •Wants to better understand timing and direction to determine if they should proceed with a B&B or wait for the OOSTR option. •Looking for additional information related to building code and licensing requirements. •Looking for information about increase to property taxes where an ADU is added. General inquiry. No changes made. Page 43 of 129Page 79 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 37 Niagara Region Written Submission: •Niagara Region staff noted that within the urban area, permissions for OOSTR’s generally comply with Provincial and Regional policy as they support a range and mix of uses that help to build complete communities. •OOSTR’s were initially proposed in the parkway residential area, which is technically considered prime agriculture with site specific policy recognition in the Niagara Official Plan. Given that these properties are in the prime agricultural area, the Region’s comments noted that they would need to be permitted as on-farm diversified uses or as legal non- conforming uses. •Comments were provided to ensure there is consistency between the OPA and ZBA definitions for OOSTR’s •A request was made to update a reference made to the Regional Public Health Department that should now be Regional Public Works Department. Staff have made changes to the amendment to focus on lands within residential lands within the urban area boundary at this time. Staff have ensured there is consistency between the two amendments Given that the this was in reference to parkway residential private services, changes to this policy are no longer being considered and no change has been made. Through the new Official Plan, updates can be made to ensure policies make the correct references. Page 44 of 129Page 80 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 38 Metrolinx Written Submission: •Metrolinx has proposed a policy that would require the inclusion of the standard Metrolinx Noise Warning clause and the registration of an environmental/operational easement in favour of Metrolinx, over subject lands within 300m of a rail corridor with Metrolinx services and/or operations. The Official Plan includes Part 5 Secondary Plans, Section 2 Transit Station Secondary Plan, policy 1.8 which requires development within 300m of an active rail to be subject to further study including air quality, noise and other sensitivity studies. Development applications that are within the circulation radius of the rail line would continue to be circulated to Metrolinx and the appropriate provisions would be applied at that time. Permitting an OOSTR would not likely trigger any planning application unless it is beyond the proposed permissions, as such, a policy such as this would not have any mechanism to implement. It is staff’s opinion that including this policy would be more appropriate through the new Official Plan process and no changes have been made at this time. Page 45 of 129Page 81 of 546 PBD-2025-43 Appendix 1 – Owner Occupied Short-Term Rental Comment Summary and Responses 1 Name/Agency Summarized Comment Comment Response 39 Enbridge Written Submission: Enbridge noted that they do not object to the proposed applications, however reserve the right to amend or remove development conditions. No changes are required in response. 40 Niagara Peninsula Conservation Authority Written Submission: •NPCA supports excluding OOSTR’s from the Hazard Lands and Environmental Protection zones since additional life and property could be at risk by natural hazards. •If there are lands within the permitted zones that are affected by natural hazards, a permit from NPCA may be required to construct an ADU either within the primary dwelling or as detached units. Depending on the application, the NPCA may not be able to support the development. Applications should be directed to the NPCA when appropriate. These comments reiterate the current process. No changes are required to the proposed OPA and ZBA. 41 Ministry of Transportation Written Submission: Noted they have no comments. No changes required. Page 46 of 129Page 82 of 546 CITY OF NIAGARA FALLS By-law No. 2025-031 A by-law to provide for the adoption of Amendment No. 180 to the City of Niagara Falls Official Plan (AM-2025-001). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 180 to the City of Niagara Falls Official Plan is hereby adopted. Read a First, Second and Third time; passed, signed and sealed in open Council Passed this 8th day of July, 2025. ……………………………………………….. ………………………………………… WILLIAM G. MATSON, ACTING CITY CLERK JAMES M. DIODATI, MAYOR DRAFTPage 47 of 129 Page 83 of 546 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to establish Owner Occupied Short-Term Rentals as a home occupation that may be permitted on Residential lands through an implementing zoning by-law. (ii) Location of the Amendment The amendment applies to lands designated “Residential”, as shown on Schedule “A” to the Official Plan – Future Land Use. (iii) Details of the Amendment Text Change PART 2 – LAND USE POLICIES is amended by amending Subsection 1.3. Definitions for “Owner Occupied Short-Term Accommodation” and “Owner Occupied Short-Term Rental” are added to APPENDIX 1 – DEFINITIONS. (iv) Basis of the Amendment Bed and Breakfasts are a home occupation that may be permitted on Residential lands through an implementing zoning by-law where they are limited in number of guest rooms to be compatible with the residential neighbourhood. The amendment will facilitate the compatible incorporation of Owner Occupied Short-Term Rentals as a similar land use and home occupation as Bed and Breakfasts within residential areas within the urban area boundary. PART 2 – BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – BODY OF THE AMENDMENT consisting of the following text and attached map, constitute Amendment No. 180 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. Part 2, Section 1.3 is amended by adding the words: i. “and Owner Occupied Short-Term Rentals” after “Bed and Breakfasts” and before “, may be permitted”; and ii. “/bedrooms” after “guest rooms” and before “to be compatible” so that it reads: DRAFTPage 48 of 129 Page 84 of 546 “1.3 Home occupations, including owner occupied Bed and Breakfasts and Owner Occupied Short-Term Rentals, may be permitted through an implementing zoning by-law where they are limited in number of guest rooms/bedrooms to be compatible with the residential neighbourhood. Zoning by-law amendment applications to increase the size of such uses will be carefully considered to minimize potential disturbances to adjacent properties and to protect the character and identity of the overall neighbourhood.” 2. Part 2, Section 1.3 is amended by adding the following subsection: “1.3.1 An undue concentration of Owner Occupied Short-Term Rentals is to be avoided to reduce the impacts on the character of the residential nature of the area and residential enjoyment of permanent residents. To ensure lands designated Residential meet the primary purpose of providing dwellings for a range of households, Council may consider limiting the location and number of Owner Occupied Short-Term Rentals as a result of monitoring the number of licences issued annually. 3. The following definitions are hereby added alphabetically to APPENDIX 1 – DEFINITIONS: “Owner Occupied Short-Term Accommodation” – means an Owner Occupied Short- Term Rental or a Bed and Breakfast but shall not include a Vacation Rental Unit. “Owner Occupied Short-Term Rental” – means a home occupation in a dwelling unit within or accessory to a Principal Residence that is rented out by the Owner to a single group of the travelling public for a period of 28 consecutive days or less and is licensed by the City of Niagara Falls to carry out a business. DRAFTPage 49 of 129 Page 85 of 546 CITY OF NIAGARA FALLS By-law No. 2025-032 A by-law to amend Zoning By-law No. 79-200 to introduce new definitions and regulatory provisions respecting Owner Occupied Short-Term Accommodations in residential zones (AM-2025-001); WHEREAS it is the express intention of the Council of the City of Niagara Falls to amend By-law No. 79-200 to add “Owner Occupied Short-Term Accommodation” as a permitted use in residential zones within the City of Niagara Falls; AND WHEREAS it is the express intention of the Council of the City of Niagara Falls that the permitted use “Owner Occupied Short-Term Accommodations” in residential zones shall be conditional upon the owner of the property, obtaining a license from the City of Niagara Falls and maintaining that license in good standing and that no property, other than a property that has been zoned by a site specific by-law enacted by this Council as of the date of the passing of this by-law, shall be found to have the permitted use “Owner Occupied Short-Term Accommodations” as of right; AND WHEREAS the Council of the City of Niagara Falls is aware of the presence of permitted uses within residential zones that may fall within the ambit of the definition of “Owner Occupied Short-Term Accommodation” set out in this by-law that are in operation as of the date of the passing of this by-law; AND WHEREAS it is the express intention of the Council of the City of Niagara Falls that this by-law shall have no impact of any nature or kind upon the rights of operators of permitted uses that may fall within the ambit of the definition of “Bed and Breakfast” as set out in By-law No. 79-200 existing as of the date of the passing of this by-law. AND WHEREAS permitted uses in residential zones that may fall within the ambit of the definition of “Bed and Breakfast” as set out in By-law No. 79-200 do not, and never have, included the right to operate a “Bed and Breakfast” in the absence of a license for that operation issued by the City of Niagara Falls that is, and has been, maintained in good standing; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That SECTION 2 – DEFINITIONS of By-law No. 79-200 is amended by adding the following definitions alphabetically: “OWNER OCCUPIED” means a Principal Residence occupied, on a full-time basis, by the registered Owner of the property on which the Principal Residence is located as recorded and maintained in the records of the Registry Office for the Land Titles Division of Niagara South; DRAFTPage 50 of 129 Page 86 of 546 "OWNER OCCUPIED SHORT-TERM ACCOMMODATION" means an Owner Occupied Short-Term Rental or a Bed and Breakfast but shall not include a Vacation Rental Unit; “OWNER OCCUPIED SHORT-TERM RENTAL” means a home occupation in a dwelling unit within or accessory to a Principal Residence that is rented out by the Owner to a single group of the travelling public for a period of 28 consecutive days or less and is licensed by the City of Niagara Falls to carry out a business. “PRINCIPAL RESIDENCE” means an Owner’s permanent place of residence, pursuant to the Income Tax Act. 2. That SECTION 2 – DEFINITIONS of By-law No. 79-200 is amended by amending the following definitions: a) “BOARDING OR ROOMING HOUSE” is amended by adding the words “Bed and Breakfast, Owner Occupied Short-Term Rental” between the words “home for the aged” and “or other establishment”, so that it reads: "BOARDING OR ROOMING HOUSE" means a building in which the proprietor supplies for gain, directly or indirectly, lodging with or without meals to three or more persons other than the proprietor but does not include a tourist establishment, hotel, hospital, home for the aged, Bed and Breakfast, Owner Occupied Short-Term Rental or other establishment otherwise classified or defined in this By-law; b) “HOME OCCUPATION” is amended by adding the words “, including but not limited to Owner Occupied Short-Term Accommodations” after the words “private residence”, so that it reads: "HOME OCCUPATION" means any occupation, except the keeping of boarders or roomers, which is carried on within a dwelling or dwelling unit in compliance with the provisions of this Bylaw, and which is clearly incidental and secondary to the use of such dwelling or dwelling unit as a private residence, including but not limited to Owner Occupied Short-Term Accommodations. 3. That Table 1 of clause (a) of Section 4.19.1 of By-law No. 79-200 is amended by adding the following Class of Use and Minimum Parking Space Requirements: Owner Occupied Short-Term Rental 1 parking space for up to 2 bedrooms, and 1 additional parking space for 3 bedrooms, which may be provided in tandem. DRAFTPage 51 of 129 Page 87 of 546 4. That SECTION 4 – GENERAL PROVISIONS of By-law No. 79-200 is amended by amending Section 4.37 as follows: a) That Section 4.37 be renamed to “OWNER OCCUPIED SHORT-TERM ACCOMMODATION” and the following preamble be added: “An Owner Occupied Short-Term Accommodation shall comply with the following provisions:” b) That the following subsection 4.37.1 Bed and Breakfast be added immediately following the preamble with all applicable regulations for a Bed and Breakfast to be renumbered under Section 4.37.1 so that it reads: “4.37.1 Bed and Breakfast (a) A bed and breakfast must be located in the dwelling or dwelling unit that is the primary residence of the owner; (b) The maximum number of guest rooms permitted in a bed and breakfast in a dwelling or dwelling unit in a R1A, R1B, R1C, R1D, R1E, R1F, R2, R3, TRM, DC, DTC, A, R and DH zone shall be 3; (c) The maximum number of guest rooms permitted in a bed and breakfast in a dwelling or dwelling unit in a GC, CB and TC zone shall be 6; (d) A bed and breakfast shall require a licence issued by the City of Niagara Falls and the municipal licence of a bed and breakfast must be kept current and maintained in good standing; (e) The maximum number of guests permitted to stay in a guest room shall be in accordance with the requirements of the Building Code Act, 1992, S.O. 1992, c. 23, as amended, and the regulations promulgated thereunder; (f) Subject to clause (g) of section 4.37, every reference to a zone in clauses (b) and (c) of section 4.37 shall be deemed to include any zone described in section 19 of the by-law that is derived from the zones listed in clauses (b) and (c) of section 4.37; (g) Existing tourist homes and any other permitted uses that fall within the ambit of the definition of a bed and breakfast as set out in this by-law shall henceforth be referred to as a bed and breakfast, but in all other respects shall continue to be governed by the site specific regulations that govern their permitted use on the effective date of this amendment to the by-law; DRAFTPage 52 of 129 Page 88 of 546 (h) Parking and access requirements shall be in accordance with section 4.19.1.” c) That the following subsection be added: “4.37.2 Owner Occupied Short-Term Rental (a) A maximum of one Owner Occupied Short-Term Rental shall be permitted within or accessory to a permitted detached dwelling, semi-detached dwelling, duplex dwelling or townhouse dwelling that is the principal residence of the owner. (b) Owner Occupied Short-Term Rentals are permitted within the R1A, R1B, R1C, R1D, R1E, R1F, R2, R3, R4, and TRM Zone in accordance with subsection 4.37.2 (a), above. (c) The maximum number of bedrooms permitted in an Owner Occupied Short-Term Rental shall be 3; (d) The number of guests permitted to stay in an Owner Occupied Short-Term Rental shall be in accordance with the requirements of the Building Code Act, 1992, S.O. 1992, c. 23, as amended, and the regulations promulgated thereunder to a maximum of 6 guests; (e) An Owner Occupied Short-Term Rental shall require a license issued by the City of Niagara Falls, that must be kept current and maintained in good standing; (f) The Owner must be present on the property for the entire duration of the rental period; (g) Every reference to a Zone in clause (b) of section 4.37.2 shall be deemed to include any zone described in Section 19 of the by-law that is derived from the zones listed in clause (b) of section 4.37.2; (h) Parking and access requirements shall be in accordance with section 4.19.1; and 5. DRAFT(i) No Owner Occupied Short-Term Rental shall be located closer than 150 metres from another Owner Occupied Short-Term Rental. For the purposes of this section, 150 metres shall be measured from the property line.” That SECTION 5.5 HOME OCCUPATIONS of By-law No. 79-200 is amended by adding the following subsection: “5.5.1 Notwithstanding Section 5.5, Owner Occupied Short-Term Accommodations are considered home occupations and shall be permitted in accordance with Section 4.37.” Page 53 of 129 Page 89 of 546 6. That SECTION 7.1.1 PERMITTED USES of By-law No. 79-200 is amended as follows: a) That section (e) is amended by adding “.1” after “4.37” so that it reads: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37.1” b) That the following subsection be added: “(g) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” 7. That SECTION 7.2.1 PERMITTED USES of By-law No. 79-200 is amended as follows: a) That section (e) is amended by adding “.1” after “4.37” so that it reads: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37.1” b) That the following subsection be added: “(g) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” 8. That SECTION 7.3.1 PERMITTED USES of By-law No. 79-200 is amended as follows: a) That section (e) is amended by adding “.1” after “4.37” so that it reads: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37.1” b) That the following subsection be added: “(g) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” 9. That SECTION 7.4.1 PERMITTED USES of By-law No. 79-200 is amended as follows: a) That section (e) is amended by adding “.1” after “4.37” so that it reads: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37.1” b) That the following subsection be added: “(g) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” DRAFTPage 54 of 129 Page 90 of 546 10. That SECTION 7.5.1 PERMITTED USES of By-law No. 79-200 is amended as follows: a) That section (e) is amended by adding “.1” after “4.37” so that it reads: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37.1” b) That the following subsection be added: “(g) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” 11. That SECTION 7.5A.1 PERMITTED USES of By-law No. 79-200 is amended as follows: a) That section (e) is amended by adding “.1” after “4.37” so that it reads: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37.1” b) That the following subsection be added: “(g) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” 12. That SECTION 7.7.1 PERMITTED USES of By-law No. 79-200 is amended as follows: a) That section (g) is amended by adding “.1” after “4.37” so that it reads: “(g) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37.1” b) That the following subsection be added: “(i) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” 13. That SECTION 7.8.1 PERMITTED USES of By-law No. 79-200 is amended as follows: a) That section (i) is amended by adding “.1” after “4.37” so that it reads: “(i) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37.1” b) That the following subsection be added: “(k) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” DRAFTPage 55 of 129 Page 91 of 546 14. That SECTION 7.9.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following subsection: “(i) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” 15. That SECTION 7.16.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following subsection: a) That section (g) is amended by adding “.1” after “4.37” so that it reads: “(g) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37.1” b) That the following subsection be added: “(i) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” Read a First, Second and Third time; passed, signed and sealed in open Council this 8th day of July, 2025. ....................................................................... .................................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR DRAFTPage 56 of 129 Page 92 of 546 1 CITY OF NIAGARA FALLS By-law No. 2025-033 A by-law to amend the City’s Vacation Rental Unit and Bed and Breakfast Establishment Licensing By-law No. 2021-57 to include Owner Occupied Short-Term Rentals. WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, as amended hereinafter referred to as the “Municipal Act” provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising the authority under the Act; AND WHEREAS Section 8 (3) of the Municipal Act, authorizes a municipality to provide for a system of licences; AND WHEREAS Section 9 of the Municipal Act, provides that Section 8 and Section 11 shall be interpreted broadly so as to confer broad authority on municipalities to: (a) enable municipalities to govern their affairs as they consider appropriate; and (b) enhance their ability to respond to municipal issues; AND WHEREAS Section 11 (2), paragraph 6 of the Municipal Act, authorizes a municipality to pass a by-law respecting the health, safety and well-being of persons; AND WHEREAS Section 151 of the Municipal Act, provides that a municipality may provide for a system of licences with respect to a business and may: (a) prohibit the carrying on or engaging in the business without a licence; (b) refuse to grant a licence or to revoke or suspend a licence; (c) impose conditions as a requirement of obtaining, continuing to hold or renewing a licence; (d) impose special conditions on a business in a class that have not been imposed on all the businesses in that class in order to obtain, continue to hold or renew a licence; (e) impose conditions, including special conditions, as a requirement of continuing to hold a licence at any time during the term of the licence; and (f) licence, regulate or govern real and personal property used for the business and the persons carrying it on or engaged in it; AND WHEREAS Section 23.1 of the Municipal Act, authorizes a municipality to delegate its powers and duties; AND WHEREAS the Council of the Corporation of the City of Niagara Falls enacted By- law No. 2021-57 on May 11, 2021 to regulate and license Vacation Rental Units and Bed and Breakfast Establishments within the City of Niagara Falls; AND WHEREAS the Council of the Corporation of the City of Niagara Falls approved Official Plan Amendment 180 and Zoning By-law No. 2025-032 on July 8th, 2025, to allow for Owner Occupied Short-Term Rentals in residential areas; DRAFTPage 57 of 129 Page 93 of 546 2 AND WHEREAS the Council of the Corporation of the City of Niagara Falls deems it necessary and expedient to amend By-law No. 2021-57 to include Owner Occupied Short- Term Accommodations in the City of Niagara Falls; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1) That Section 1. DEFINITIONS of By-law No. 2021-57 is amended by adding the following definitions alphabetically: i) "Duplex Dwelling" means a building divided horizontally into two primary dwelling units, each with an entrance to the exterior that is independent or through a vestibule; ii) “Lodging Unit” means a dwelling or dwelling unit provided for rent or hire, which is designed to be used as sleeping accommodation for the travelling or vacationing public; iii) “Owner Occupied” means a Principal Residence occupied, on a full-time basis, by the registered Owner of the property on which the Principal Residence is located as recorded and maintained in the records of the Registry Office for the Land Titles Division of Niagara South; iv) "Owner Occupied Short-Term Accommodation" means an Owner Occupied Short-Term Rental or a Bed and Breakfast but shall not include a Vacation Rental Unit; v) “Owner Occupied Short-Term Rental” means a home occupation in a dwelling unit within or accessory to a Principal Residence that is rented out by the Owner to a single group of the travelling public for a period of 28 consecutive days or less and is licensed by the City of Niagara Falls to carry out a business;” vi) "Semi-Detached Dwelling” means a building divided vertically into two primary dwelling units, each with an independent entrance to an exterior. (from Zoning Bylaw) 2) That Section 1. DEFINITIONS of By-law No. 2021-57 is amended by deleting the definition for “Bed and Breakfast Establishment” and replacing it as follows: “Bed and Breakfast” means a home occupation that provides guest rooms and breakfast to the travelling and vacationing public and is licensed by the City of Niagara Falls to carry on business; 3) That Section 1. DEFINITIONS of By-law No. 2021-57 is amended by deleting the definitions for “Guest Room”, “Home Occupation”, “Licence”, “Owner”, “Principal Residence” and “Vacation Rental Unit” and replacing them as follows: “Guest Room” means a room or suite of rooms which is capable of being rented separately to the travelling and vacationing public and does not have any cooking facilities; DRAFTPage 58 of 129 Page 94 of 546 3 “Home Occupation” means any occupation, except the keeping of boarders or roomers, which is carried on within a dwelling or dwelling unit in compliance with the provisions of this Bylaw, and which is clearly incidental and secondary to the use of such dwelling or dwelling unit as a private residence, including but not limited to Owner Occupied Short-Term Accommodations. “Licence” means a City of Niagara Falls business licence issued pursuant to the City’s Licensing By-law; “Owner” means the owner of a lot as recorded in the records of the Registry Office for the Land Titles Division of Niagara South maintained in that Office for that lot; “Principal Residence” means an Owner’s permanent place of residence, pursuant to the Income Tax Act; “Vacation Rental Unit” means the commercial use of a detached dwelling or dwelling unit that is available for rent in its entirety for a period of 28 consecutive days or less, to provide temporary lodging to a single group of the travelling and vacationing public and is licenced by the City of Niagara Falls to carry out business; 4) That Section 2. GENERAL AND PROHIBITIONS of By-law 2021-57 is amended as follows: i) Subsection 2.2, is deleted and replaced as follows: “This by-law may be referred to as the “Vacation Rental Unit and Owner Occupied Short-Term Accommodation Licensing By-law”. ii) Subsection 2.3 is deleted and replaced as follows: “No Person shall own or operate or permit the operation of a Vacation Rental Unit without a current valid licence.” iii) Subsection 2.4 is deleted and replaced as follows: “No Person shall own or operate or permit the operation of an Owner Occupied Short-Term Accommodation without a current valid licence.” iv) Subsection 2.5 is deleted and replaced as follows: “No Person shall own or operate a Vacation Rental Unit or an Owner Occupied Short-Term Accommodation other than in accordance with the terms and conditions of a licence, the terms and conditions of this By-law.” v) Subsection 2.7 is deleted and replaced as follows: “No Person shall advertise, promote, broker, or offer for rent an Owner DRAFTPage 59 of 129 Page 95 of 546 4 Occupied Short-Term Accommodation without a current valid licence.” vi) Subsection 2.15 is deleted and replaced as follows: “No Person licensed under this By-law shall, because of race, colour, creed, gender or sexual orientation, discriminate against any member of the public in the carrying on, conducting or operating of an Owner Occupied Short-Term Accommodation or a Vacation Rental Unit. vii) A new subsection 2.16 is added as follows: “No Person renting an Owner Occupied Short-Term Accommodation shall sublet the accommodation to another person or party, meaning an Owner Occupied Short Term Accommodation contract is non-transferable. 5) That Section 4 LICENCES of By-law No. 2021-57 is amended as follows: i) A new subsection 4.13 is added as follows: 6) That Section 11 AUTOMATIC INITIATION OF REVOCATION AND REFUSAL TO RENEW of By-law No. 2021-57 is amended as follows: i) Subsection 11.1 is deleted and replaced as follows: “A Licence Issuer shall refuse to issue or revoke an Owner Occupied Short- Term Accommodation licence or a Vacation Rental Unit licence in accordance with the provisions of this By-law where the City has determined three (3) valid violations have occurred or three (3) convictions have been registered and occurred at the property within a one (1) year period.” 7) That Schedule B to By-law 2021-57 is repealed and that Schedule B attached hereto shall be inserted in lieu thereof. 8) All other applicable provisions and regulations set out in By-law No. 2021-57 shall remain the same and shall continue to apply, with the necessary changes in detail. 9) That the City Clerk is authorized to effect any minor modifications, corrections or omissions solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law after the passage of this by-law. 10) This By-law will become effective the day following the final day of appeal of Official Plan Amendment No. 180 and Zoning By-law No. 2025-032, provided no appeals are received. DRAFT“A licence for an Owner Occupied Short-Term Rental shall not be issued if the subject property is located closer than 150 metres from another Owner Occupied Short-Term Rental. For the purposes of this section, 150 metres shall be measured from property line to property line.” Page 60 of 129 Page 96 of 546 5 Read a First, Second and Third time; passed, signed and sealed in open Council this 8th day of July, 2025. ....................................................................... ..................................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR DRAFTPage 61 of 129 Page 97 of 546 THE CORPORATION OF THE CITY OF NIAGARA FALLS SCHEDULE B TO BY-LAW 2021-57 as amended by BY-LAW 2025-033 1. In addition to the licensing requirements set out in Section 3.1 of this By-law an Applicant for an Owner Occupied Short-Term Accommodation Licence shall submit the following as required below: (a) Confirmation from the Fire Chief dated within the previous sixty (60) days stating the premises are in compliance with the Fire Protection and Prevention Act, and the policies of the Niagara Falls Fire Department respecting an Owner Occupied Short-Term Accommodation; (b) If the premises is on private water supply and/or sewage disposal, a certificate from the Medical Officer of Health dated within sixty (60) days stating that the premises has services adequate for the Owner Occupied Short-Term Accommodation. (c) A certificate from the Medical Officer of Health dated within sixty (60) days stating that the premises has been inspected and is in compliance with the Health Protection and Promotion Act, R.S.O. 1990, c. H. 7, as amended, and its regulations. (d) A site plan and floor plans outlining the portion of the premises to be used as an Owner Occupied Short-Term Accommodation and demonstrating the premises: i) conforms with the City’s Zoning By-law. (e) Certificate from the Electrical Safety Authority dated within the previous 2 years stating the premises are in compliance with the Electrical Safety Code; 2. In addition to the licensing requirements set out in Section 3.1 of this By-law the issuing of an Owner Occupied Short-Term Accommodation Licence or renewal of an Owner Occupied Short-Term Accommodation Licence is subject to the following: (a) Documentation that the owner uses the premises as its principal residence; (b) Proof of insurance by way of certificate of insurance showing a minimum limit of two million dollars ($2,000,000) in commercial general liability for an Owner Occupied Short-Term Accommodation for the term of the licence with an endorsement that notice in writing at least thirty (30) days prior to cancellation, expiration, or variation thereof will be given to the City by the insurance underwriter. 3. In addition to the licensing requirements set out in section 3 of this By-law the issuing of an Owner Occupied Short-Term Accommodation Licence or renewal of an Owner Occupied Short-Term Accommodation Licence is subject to the following: (a) Compliance with the: i) City’s Zoning By-law; ii) Fire Protection and Prevention Act; iii) Building Code Act. DRAFTPage 62 of 129 Page 98 of 546 2 TERMS AND CONDITIONS 4. A Licensee of an Owner Occupied Short-Term Accommodation shall: (a) be on site at the premises during the stay of a Renter; (b) display the licence in a conspicuous place on the licensed premises in close proximity to the entrance of the premises and visible to the public at all times; (c) display the licence in a prominent place on the interior of the licensed premises; (d) display a statement of the fee to be charged for each guest room and the check- out time in a prominent place on the interior of the licensed premises and in each guest room; (e) post the Fire Safety Instructions that is plaqued or framed, that depicts the location of each bedroom, smoke alarm, extinguisher, exit/egress doors or windows on the premises to the satisfaction of the City. (f) be responsible for the operation of the premises, the conduct of the renter and the occupants of the premises. 5. Every person who owns or operates an Owner Occupied Short-Term Accommodation shall: (a) operate the premises in accordance with the City’s: i) Property Standards By-law; ii) Zoning By-law; iii) Sign By-law; iv) Litter, Maintenance of Lands By-law; v) Noise By-law; vi) any other By-laws; vii) any Federal and Provincial legislation; (b) keep a register that keeps record of the following: i) name and home address of the Renter; ii) the date of entry; iii) the length of stay of a Renter; (c) maintain the records required by subsection (b) for a minimum of two (2) years; (d) include the current Licence Number on all: i) advertisement and promotional materials; ii) website; iii) contracts and agreements entered into with a Renter. DRAFTPage 63 of 129 Page 99 of 546 CITY OF NIAGARA FALLS By-law No. 2025-034 A by-law to amend By-law No. 2025-47 to include fees related to owner occupied short- term accommodations. WHEREAS it has been the municipality’s practice to consolidate fees and charges in a booklet for the ease of the public; AND WHEREAS the Council of the City of Niagara Falls approved Official Plan Amendment 180 and Zoning By-law No. 2025-032 on July 8, 2025 to allow for Owner Occupied Short-Term Rentals; AND WHEREAS the Council of the City of Niagara Falls considers it desirable to amend By-law No. 2025-47 to include fees related to the licensing of Owner Occupied Short-Term Accommodations in the City of Niagara Falls; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Schedule “A” to By-law No. 2025-47 is amended by removing Schedule “A” and replacing it with Schedule “A” attached to this by-law. 2. All other applicable provisions and regulations set out in By-law No. 2025-47 shall remain the same and continue to apply. 3. That the City Clerk is authorized to effect any minor modifications, corrections or omissions solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law after the passage of this by-law. 4. This by-law will become effective the day following the final day of appeal of Official Plan Amendment No. 180 and Zoning By-law No. 2025-032, provided no appeals are received. Read a First, Second and Third time; passed, signed and sealed in open Council this 8th day of July, 2025. ....................................................................... .................................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR DRAFTPage 64 of 129 Page 100 of 546 Schedule of Fees January 1, 2025 1DRAFT Page 65 of 129 Page 101 of 546 3-4 Finance Water Rates 5 Water/Tax fees 6 Legal 7 Business Development 7 Planning, Building & Development Planning Official Plan Amendment/Zoning by-law Amendment/Site Plan Amendment 8 Committee of Adjustment/Publications/CIP's 9 Building Occupancies 10-11 Building Stand Alone Permit Fees 12-13 Demolition/Administration Fees 14 Sign/Pool Permits, Deposits, Lot Grading, Refunds 15 Municipal Enforcement & Property Standard Fees/Other Applicable Fees 16 Development Charges 17 Parking 18 Municipal Works Water/Sewer Fees 19-20 Subdivision & Vacant Land Condominium and Deposits/Administrative Fees 21 Forestry/Curb & Sidewalk Alterations 22 Traffic 23 Fire Inspections/Approvals/Permits/Products/Misc. 24-25 Training/Public Education Services/Fire Protection Services 26 Cemeteries Interment Rights/Fees/Services 27 Dis-Interment Services/Administration Services 28 Products/Memorial Program/Foundation/Marker/Installation Services 29 Notes 30 Recreation, Culture & Facilities Ice/Floor Rentals 31 Special Event Rental Rates 32 Room Rentals (MacBain Community Centre) 33 MacBain Community Centre - Indoor Play Structure/Birthday Parties 34 Older Adults (MacBain Community Centre) Program & Rental Fees 35 Aquatics (MacBain Community Centre) 36 Room Rentals (Gale Centre/Chippawa Arena)/Public Skating 37 Playing Fields 38 Museum Fees 39-40 Niagara Falls Exchange Fees/Rentals 41-42 Clerks Department Table of Contents 2DRAFT Page 66 of 129 Page 102 of 546 Licence $ Rate $ HST Expiration Date Amusement Place, etc. 45.00 N/A April 30 Auctioneers 65.00 N/A December 31 Bake Shops 30.00 N/A December 31 Barber Shops, Hair Dressing & Esthetician Establishments 30.00 N/A December 31 Bill & Sign Posting and Installation 100.00 N/A December 31 Billiard, Bagatelle & Pool Establishments 70.00 N/A December 31 Billiard, Bagatelle & Pool Establishments - plus rate per table 20.00 N/A December 31 Bowling Alleys - per lane 20.00 N/A December 31 Butchers 30.00 N/A December 31 Camping Establishments 110.00 N/A December 31 Commercial Parking Lots 100.00 N/A December 31 Driving Schools 60.00 N/A December 31 Driving Instructors 25.00 N/A December 31 Exhibitions, etc. 45.00 N/A December 31 Flea Markets for first 3 consecutive days 650.00 N/A December 31 Flea Markets - additional rate per day 100.00 N/A To a maximum of $1,150 in one calendar year Food Premises 30.00 N/A December 31 Laundrymen, Laundry Companies, Dry Cleaners, etc. 30.00 N/A December 31 Motels per room 40.00 N/A April 30 Motels Plus rate per room 5.00 N/A April 30 Pawn Brokers 110.00 N/A December 31 Pedlars - Resident 110.00 N/A December 31 Pedlars - Non-resident 650.00 N/A December 31 Photographers - Resident 65.00 N/A December 31 Photographers - Non-resident 140.00 N/A December 31 Public Garages 30.00 N/A December 31 Public Auto Service Stations 30.00 N/A December 31 Public Hall Grade 1 - Capacity 1,000+ 45.00 N/A December 31 Public Hall Grade 2 - Capacity 600-999 40.00 N/A December 31 Public Hall Grade 3 - Capacity 300-599 35.00 N/A December 31 Public Hall Grade 4 - Capacity 299-under 30.00 N/A December 31 Refreshment Vehicles - Motorized 185.00 N/A April 30 Refreshment Vehicles - Non-Motorized 100.00 N/A April 30 Restaurants 40.00 N/A December 31 Specific Location Daily Sales - Resident 150.00 N/A To a maximum of $1,000 in one calendar year Specific Location Daily Sales - Non-Resident (for 1st day) 500.00 N/A N/A Plus additional rate per day 100.00 N/A N/A Charitable Groups - for first 3 days 325.00 N/A To a maximum of $575 in one calendar year Plus additional rate per day 50.00 N/A N/A Tattoo and Body Piercing Parlours 100.00 N/A December 31 Theatres 110.00 N/A December 31 Tourist Homes, Bed & Breakfasts 65.00 N/A April 30 Second Level Lodging 200.00 N/A December 31 Group Homes 25.00 N/A December 31 First year Administrative Fee on all Licences 25.00 N/A N/A Clerks Department 3DRAFT Page 67 of 129 Page 103 of 546 Marriage Licence Fees $ Rate $ HST Expiration Date Marriage Licence (payable at the time of application) 160.00 N/A N/A Seasonal Business Services Licences $ Rate $ HST Expiration Date Seasonal Business Services Licence 1,200.00 N/A Valid from Victoria Day weekend until Canadian Thanksgiving Monthly Seasonal Business Service Licence 300.00 N/A Valid for four (4) consecutive weeks. Civil Marriage Ceremony Fees $ Rate $ HST Total FOR RESIDENTS OF NIAGARA FALLS: Civil Marriage in or at City Hall i.e. Council Chambers during business hours $200.00 City Administration Fee (non-refundable) $250.00 Officiant fee(1) 450.00 58.50 508.50 FOR NON-RESIDENTS OF NIAGARA FALLS: Civil Marriage in or at City Hall i.e. Council Chambers during business hours $500.00 City Administration Fee (non-refundable) $250.00 Officiant fee(1) 750.00 97.50 847.50 FOR RESIDENTS OF NIAGARA FALLS: Civil Marriage off- site in Ontario and/or outside of business hours $200.00 City Administration Fee (non-refundable) plus $250.00 Officiant fee(2) 450.00 58.50 508.50 FOR NON-RESIDENTS OF NIAGARA FALLS: Civil Marriage off-site in Ontario and/or outside of business hours $500.00 City Administration Fee (non-refundable) plus $250.00 Officiant fee(2) 750.00 97.50 847.50 Rehearsal Fee(1)(2) (plus Officiant expenses)75.00 9.75 84.75 Witness Fee (Municipal Staff - per employee) during business hours (if required)25.00 3.25 28.25 Cleaning Fee (if required) 100.00 13.00 113.00 Milage/Expenses - outside of business hours: mileage charge at current rate as approved by Council; applicable expenses as agreed upon by both parties, i.e. meals, accomodations (1) Where a ceremony is performed by a Marriage Offciant who is an employee of the City, the Marriage Officiant Fee is retained by the City of Niagara Falls (2) Payment of the City's portion of applicable fees is mandatory and shall not be waived by the Clerk or Designated Officiant. The Marriage Officiant may , at their sole discretion, waive the portion of the fees (Officiant/Mileage/Expenses) which would otherwise be payable to them (3) All applicable insurance coverage shall be the responsibility of the couple and the City shall be provided with the applicable documentation, including the use of City Hall. Additional Notes: 1. Additional rental fees may apply for the use of other locations outside of City Hall. Bookings for any other facility is the responsibility of participants to make appropriate arrangements and payment for a facility to be utilized for the Marriage Ceremony. 2. Fees do not include the Marriage Licence Fee which is established by by-law and my be amended from time to time. 3. All marriage ceremonies shall be performed in accordance with the City's Civil Marriage Soleminization Policy. Short-Term Rentals $ Fee $ HST $ Total Vacation Rental Units, Bed & Breakfast or Owner Occupied Short-Term Rentals-new licence or ownership change*500.00 N/A 500.00 Renewal of Vacation Rental Units, Bed & Breakfast or Owner Occupied Short-Term Rentals (annual)*250.00 N/A 250.00 *this fee includes the Fire Inspection Fee Council Code of Conduct $ Rate $ HST Expiration Date Filing Fee 500.00 N/A N/A Note: In the event that the Integrity Commissioner determines that a complaint is frivolous, vexatious, contains sufficient grounds to support an investigation, or that it is determined that no violation occurred, that the complainant shall forfeit the filing fee of $500. If the Integrity Commissioner finds there are sufficient grounds to support an investigation, 50% of the filing fee shall be refunded. Clerks Department DRAFTPage 68 of 129 Page 104 of 546 Water Rates Consumption Charge Water Sewer Rate Table for Monthly Service Charges Meter Size Water $ Fee Sewer $ Fee 15 millimeters (5/8") 22.64 27.19 18 millimeters (3/4") 22.64 27.19 25 millimeters (1") 35.09 42.15 37 millimeters (1 1/2") 87.17 104.69 50 millimeters (2") 164.15 197.14 75 millimeters (3") 316.99 380.68 100 millimeters (4") 549.06 659.40 150 millimeters (6") 1,075.49 1,291.61 200 millimeters (8") 1,794.36 2,154.94 250 millimeters (10") 2,575.51 3,093.06 Flat Rate Table for Monthly Service Charges Flat Rate Monthly Charges Water $ Fee Sewer $ Fee Monthly Charges 51.64 58.13 Flat Rate New Construction Monthly Charges Water $ Fee Sewer $ Fee New Construction Monthly Charges 25.90 26.99 Residential Reluctant Monthly Charges Water $ Fee Sewer $ Fee Reluctant Monthly Charge 154.92 174.39 *Rates displayed assumes payment on or before due date. Payments received subsequent to due dates are subject to a Late Payment Charge of 1.25% to be added to the water account at the beginning of each month. The Municipal Act provides the City with the authority to transfer unpaid water/sewer charges to the property tax account of the owner. A processing fee of $30 is charged on each account transferred to taxes due to non-payment. Finance Rate $1.394 per cubic meter $1.713 per cubic meter 5DRAFT Page 69 of 129 Page 105 of 546 Water $ Fee $ HST $ Total New Account Set Up Fee 30.00 N/A 30.00 Collection Charge - overdue water bills 30.00 N/A 30.00 Water Information per property 20.00 N/A 20.00 Meter Data Fee 30.00 N/A 30.00 Administration Fee for Water Arrears Transferred to Outside Collection Agency 30.00 N/A 30.00 Water Bill Reprint 20.00 N/A 20.00 Water Bill Statement of Account - Current Year no charge N/A 0.00 Water Bill Statement of Account - One Year & Prior 15.00 N/A 15.00 Transfer Fee between accounts (first time free) 20.00 N/A 20.00 Transfer to /from tax (first time free) 20.00 N/A 20.00 Refund on Credit on Water Account (first time free) 20.00 N/A 20.00 For water shut-off fees, please refer to our Municipal Works: Water fees on page 20. Tax Information $ Fee $ HST $ Total Tax Certificate per property 75.00 N/A 75.00 Tax Information per property 45.00 N/A 45.00 Registration Fees - Mortgage Letter 50.00 N/A 50.00 Registration Fees - Debt Farm Letter 50.00 N/A 50.00 Registration Fees - Final Letter 50.00 N/A 50.00 Interest/Penalty on Tax Arrears 1.25% N/A 1.25% Extension Agreements 500.00 N/A 500.00 Personal Tax Information Copy - Current Year no charge N/A no charge Personal Tax Information Copy - One Year and prior 15.00 N/A 15.00 Personal Tax Information Copy - Prior to 1990 100.00 N/A 100.00 Mortgage Company Administration Fee 15.00 N/A 15.00 Tax Bill Reprint 20.00 N/A 20.00 Transfer Fee to tax account - internal (arrears transfer fee to tax account) 30.00 N/A 30.00 Transfer Fee to tax account - external 50.00 N/A 50.00 Refund Credit on Tax Account (first time free) 20.00 N/A 20.00 Transfer to/from water account (first time free) 20.00 N/A 20.00 Transfer to/from tax account (first time free) 20.00 N/A 20.00 Tax Reminder Notices 5.00 N/A 5.00 Licences $ Fee $ HST $ Total Dog Licence - Neutered 20.00 N/A 20.00 Dog Licence - Non-Neutered 40.00 N/A 40.00 Miscellaneous $ Fee $ HST $ Total Returned Cheque Fee - per account 40.00 N/A 40.00 Ownership Change Request 20.00 N/A 20.00 Rush Tax Certificates 125.00 N/A 125.00 New Roll Creation 40.00 N/A 40.00 Information Systems - GIS $ Fee $ HST $ Total Owner requested civic address changes 314.29 40.86 355.15 Finance 6DRAFT Page 70 of 129 Page 106 of 546 Description $ Fee* $ HST $ Total Preparation of Subdivision Agreement 3,500.00 N/A 3,500.00 Preparation of Development Agreement 3,500.00 N/A 3,500.00 Preparation of Condominium Agreement 3,500.00 N/A 3,500.00 Preparation of Site Plan Agreement 1,500.00 N/A 1,500.00 Preparation of Amending Site Plan Agreement 650.00 N/A 650.00 Preparation of Section 37 Agreement 1,000.00 N/A 1,000.00 Preparation of Conservation Easement Agreement 750.00 N/A 750.00 Preparation of Encroachment Agreement 500.00 N/A 500.00 Preparation of Easement Agreement 500.00 N/A 500.00 Preparation of Lease/Licence Agreement with the City 500.00 65.00 565.00 Preparation of Release of Easement 150.00 N/A 150.00 Preparation of Amending Encroachment Agreement/Assignment of Encroaching Agreement 250.00 N/A 250.00 Preparation of Registration Document for Part Lot Control By-Law 200.00 N/A 200.00 Preparation of Registration Document for Deeming By-law 200.00 N/A 200.00 Preparation of Registration & Discharge for Property Standards Order 150.00 N/A 150.00 Preparationof all other Agreements 1,500.00 N/A 1,500.00 Preparation of Release and/or Discharge of Agreement 150.00 N/A 150.00 Processing of Air Rights Easement 500.00 N/A 500.00 Processing of Conveyance of Lands for Road Widening/Daylighting Triangle 250.00 N/A 250.00 Processing of Dedication/Lifting of Reserve Blocks 250.00 N/A 250.00 Processing of request to Encroach on City Owned Property - Residential 250.00 N/A 250.00 Processing of request to Encroach on City Owned Property - Commercial 500.00 N/A 500.00 Request to Purchase Property that has not been previously declared surplus 500.00 N/A 500.00 Deposit for Appraisal & Reference Plan costs associated with approved purchase of property that has not been previously declared surplus 5,000.00 N/A 5,000.00 Processing of Request to Lease/Licence City Owned Property 500.00 N/A 500.00 Preparation of Registration Document for All Other Agreements 200.00 N/A 200.00 Processing of Request for an Easement over City Lands 500.00 N/A 500.00 Preparation of Amending Subdivision Agreement, Amending Condominium Agreement or Amending Development Agreement 1,500.00 N/A 1,500.00 Preparation of Amending Section 37 Agreement 750.00 N/A 750.00 Preparation of Registration Document for All Other Agreements 200.00 N/A 200.00 *The above fees are subject to Applicable Disbursements and Registration Costs and are at the discretion of the City Solicitor Description $ Fee* $ HST $ Total Stanley Ave. Business Park Assoc. Annual Sign Fee for Third Party Advertising (for 4 panels)500.00 65.00 565.00 Term: October 1, 2024 to September 30, 2025 Payment Due Date: September 1, 2024 Legal Business Development 7DRAFT Page 71 of 129 Page 107 of 546 Regional Official Plan Amendment $ Fee*$ HST $ Total 20,500.00 20,500.00N/A 63,630.00ROPA: Urban Area Boundary Expansion 63,630.00N/A N/A128,710.00ROPA: To establish pit or quarry 128,710.00 Official Plan Amendment $ Fee*$ HST $ Total 24,957.00Major (review of 4 or more studies) 24,957.00N/A 18,860.00Standard (under 4 studies) 18,860.00N/A More than two (2) submissions of plans & studies for review $1,587.00 for each subsequent submission N/A $1,587.00 for each subsequent submission Aggregate Resource Extraction Full Cost Recovery ($16,707.00 deposit) N/A Full Cost Recovery ($16,707.00 deposit) N/A15,225.00Secondary Plan - Privately Initiated 15,225.00 Preconsultation $ Fee*$ HST $ Total 1,586.00N/A1,586.00Preconsultation Fee (consent) 3,070.00N/A3,070.00All other applications (includes concurrent consent & site plan requests) More than two (2) submissions of a concept for review/preparation of a second checklist $1,586.00 for each subsequent submission N/A $1,586.00 for each subsequent submission Zoning By-Law Amendment $ Fee*$ HST $ Total 20,729.00High Rise Hotels (10 Storeys or more) 20,729.00N/A 19,149.00Complex (review of 4 or more studies required for the application) 19,149.00N/A 14,371.00Standard 14,371.00N/A 9,385.00Minor (PJR only) 9,385.00N/A 13,257.00Request for a Minister's Zoning Order (MZO)/Review of Ministry Initiated MZO 13,257.00N/A 2,225.00Request to lift a Holding (H) Regulation 2,225.00N/A More than two (2) submissions of plans & studies for review $1,586.00 for each subsequent submission N/A $1,586.00 for each subsequent submission Official Plan & Zoning By-Law Amendment (Combined)$ Fee*$ HST $ Total 35,887.00N/A35,887.00High Rise Buildings (greater than 10 storeys) 31,643.00N/A31,643.00Combined Major (4 or more full studies required for review of the application) 26,339.00N/A26,339.00Combined Standard More than 2 submissions of plans & studies for review $2,647.00 for each subsequent submission N/A $2,647.00 for each subsequent submission Site Plan Amendment $ Fee*$ HST $ Total 13,309.00High Rise Buildings (greater than 10 storeys) 13,309.00N/A 10,127.00All Other Lands 10,127.00N/A 3,390.00Amendment to Site Plan Agreement 3,390.00N/A Site Plan Resubmission (after 2 submissions within 1 year of original application) $3,390.00 for each subsequent submission N/A $3,390.00 for each subsequent submission Plan of Subdivision $ Fee*$ HST $ Total 19,008.00Draft Plan (Base fee) 19,008.00N/A 26.00Plus per dwelling unit fee 26.00N/A 6,138.00Modifications to Draft Plan Approval 6,138.00N/A 3,236.00Extension to Draft Plan Approval 3,236.00N/A 9,013.00More than two (2) submissions of plans & studies for review 9,013.00N/A Plan of Condominium $ Fee*$ HST $ Total 14,944.00Vacant Land Condomiunium (VLC) 14,944.00N/A 26.00Plus per dwelling unit fee 26.00N/A 12,731.00Conversion 12,731.00N/A 13,450.00Standard/Common Element 13,450.00N/A 2,741.00Extension of Draft Plan 2,741.00N/A 4,271.00Modification of Draft Plan - Vacant Land Condominium 4,271.00N/A 4,271.00Modification of Draft Plan - Standard/Conversion 4,271.00N/A 3,183.00Exemption to Condominium Draft Plan Approval 3,183.00N/A More than two (2) submissions of plans & studies for review $7,416.00 for each subsequent submission N/A $7,416.00 for each subsequent submission Part Lot Control $ Fee*$ HST $ Total 1,586.00Part lot control semi-detached/on-street townhouse units for the first lot/block 1,586.00N/A 525.00Part Lot Control - each additional lot/block 525.00N/A 2,225.00Part Lot Control - all other types for the first lot 2,225.00N/A 1,267.00Deeming by-law (no fee when combined with a zoning amendment) 1,267.00N/A Public Notification $ Fee*$ HST $ Total 425.00Mailing Re-notification 425.00N/A 1,061.00Reassessment requiring a further report 1,061.00N/A Actual CostN/AActual CostNewspaper re-notification ($600 deposit payable with application) Notes: Additional fees are required for Regional Planning review of most applications. Additional fees may be required for Niagara Peninsula Conservation Authority and Regional Niagara Health Department review, where applicable. Notes: Additional fees from the Legal Department are required for applications requiring agreements and registrations of some by-laws. Planning, Building & Development Municipal Works - Administration Fee - 3.75% and Inspection Fee-3.10% (on construction value) Municipal Works - Administration Fee - 3.75% and Inspection Fee-3.10% (on construction value) 8 Regional Official Plan Amendment DRAFTPage 72 of 129 Page 108 of 546 Committee of Adjustment $ Fee $ HST $ Total Consent Application 4,850.00 N/A 4,850.00 Each application consent application for the same lands 948.00 N/A 948.00 Consent Application to separate two existing units 3,811.00 N/A 3,811.00 Change of Conditions 795.00 N/A 795.00 Minor Variance 2,205.00 N/A 2,205.00 Re-notification/Rescheduling (consent/minor variance) 425.00 N/A 425.00 Concurrent Consent/Minor Variance Application 4,955.00 N/A 4,955.00 Additional Fee for calling of a Special Meeting to address an application 580.00 N/A 580.00 Environmental Matters $ Fee $ HST $ Total Environmental Impact Study - Major Review (3 or more features) 2,750.00 N/A 2,750.00 Environmental Impact Study - Minor Review (2 or less features) 2,100.00 N/A 2,100.00 Environmental Impact Study - Second Submission/Addendum 625.00 N/A 625.00 Review of Restoration Plan 848.00 N/A 848.00 Review of Tree Preservation Plan 565.00 N/A 565.00 Review of Monitoring Plan 848.00 N/A 848.00 Sign By-Law $ Fee $ HST $ Total Sign by-law Variance (no fee when combined with a zoning amendment) 2,431.00 N/A 2,431.00 Sign by-law Amendment (no fee when combined with a zoning confirmation letter) 6,470.00 N/A 6,470.00 Sidewalk Cafes $ Fee $ HST $ Total Application for Sidewalk Café - 3 year licence (as per Council October 1, 2024) 200.00 N/A 200.00 Sidewalk Café Licensing Fee per annum (to a maximum of $2,500) $15.00/m² of licensed area N/A $15.00/m² of licensed area Annual Sidewalk Café - Renewal fee 150.00 N/A 150.00 Compliance Letters $ Fee $ HST $ Total Site Plan Compliance Letter (no fee when combined with a zoning confirmation letter)240.00 N/A 240.00 Environmental Request Letter (no fee when combined with a zoning confirmation letter)240.00 N/A 240.00 Zoning Confirmation Letter 240.00 N/A 240.00 Zoning Review for Building Permit 240.00 N/A 240.00 Compliance Letter (for real estate/legal transactions)240.00 N/A 240.00 Heritage Status Inquiry 240.00 N/A 240.00 Telecommunication Tower Review 1,370.00 N/A 1,370.00 Publications $ Fee $ HST $ Total Official Plan 42.00 5.46 47.46 Zoning By-Law 79-200 (as amended) 42.00 5.46 47.46 Photocopying - 4 pages or more - black & white 0.28 0.04 0.32 Community Improvement Plans $ Fee $ HST $ Total Printed copy of CIP 10.00 1.30 11.30 Planning, Building & Development DRAFTPage 73 of 129 Page 109 of 546 Minimum Building Permit Charge 239.00 NEW BUILDINGS Group A - Assembly Occupancies Permit Fee per m2 All Recreational Facilities, Schools, Daycare Facilities, Libraries, Places of Worship, restaurants (finished), Theatres, Arenas Gymnasiums, Transit Stations, Bus terminals, Indoor Pools, and all other Group A Buildings 29.59 Open Public Swimming Pool 2,121.80 Flat fee Portable Classroom 970.72 Flat fee Assembly Building Shell 23.67 Assembly Building Interior Finish 12.61 Group B - Institutional Occupancies Permit Fee per m2 Institutional, Hospital, Medical Care Facilities, Nursing Homes, and all other Group B Buildings 29.59 Institutional Building Interior Finish 12.61 Group C - Residential Occupancies Permit Fee per m2 Single, Semi-Detached, Duplex Dwellings, Detached Accessory Dwelling Units 18.04 Townhouses, Row Housing 18.04 Stacked Townhouses, Multiple Dwellings up to fourplex 18.04 Hotel, Apartment buildings - 6 stories or less 19.72 Hotel, Apartment buildings - 7 stories or more 18.04 Motels, Boarding, Lodging or rooming house 19.72 Interior renovation, Finished basement, Interior accessory dwelling units 10.61 Heated additions to a house 18.04 Unheated additions to a house 12.82 Accessory Building (garage or shed)7.43 Attached Garage/Carport to an existing house 17.13 Covered Deck/Porch 7.43 Uncovered Deck/Porch 239.00 Flat Fee Mobile Homes 340.00 Flat Fee plus Uncertified Mobile Home (foundation included)6.82 Mobile Home Foundation 1.96 Group D - Business & Personal Service Permit Fee per m2 Office, Medical Building, Financial Institution and all other Group D Buildings Complete 29.59 Office, Medical Building, Financial Institution and all other Group D Buildings Shell 23.67 Office, Medical Building, Financial Institution and all other Group D Buildings Interior Finish 12.61 Group E - Mercantile Occupancies Permit Fee per m2 Retail Building Complete 29.59 Retail Building Shell 23.67 Retail Building Interior Finish 12.61 Restaurants Interior Finish (not greater than 30 persons)12.61 Planning, Building & Development 10DRAFT Page 74 of 129 Page 110 of 546 Group F - Industrial Occupancies Permit Fee per m2 Industrial Buildings Complete 15.61 Industrial Buildings Shell 12.49 Industrial Buildings Interior Finish 9.38 Gas Bar Canopies 13.39 Car Washes 13.39 Parking Garage (underground, open air) 8.43 Farm Buildings 5.92 Green Houses non-residential 5.92 Site Services Plumbing Construction Outside of Building Permit Fee Sanitary and Storm Piping 239.00 Flat Fee Sanitary and Storm Piping 37.00 per additional 15m Manholes, catch basin 239.00 Flat Fee Domestic Water Supply 106.00 first 15m Domestic Water Supply 37.00 per additional 15m Fire Services Main 106.00 first 15m Fire Services Main 37.00 per additional 15m Geothermal for Houses 265.00 Flat Fee Geothermal Single for all other 265.00 Flat Fee Planning, Building & Development 11DRAFT Page 75 of 129 Page 111 of 546 Building Stand Alone Permits for Alterations, Renovations & Repair Building Improvement Permit Fee Demising Wall 239.00 Flat Fee Building Envelope Replacement (Roofing, cladding, windows, waterproofing, etc.)398.00 Flat Fee Foundation Replacement 3.21 per sq. m Roof Structure Replacement 398.00 Flat Fee Concrete Restoration 398.00 Flat Fee Plumbing Building Construction Permit Fee Plumbing Systems Alterations 239.00 Flat Fee Grease, Oil Interceptor 239.00 Flat Fee Backflow valve, Backflow preventer, sump pumps 239.00 Flat Fee Replacement of Domestic Water lines and risers 239.00 Flat Fee Weeping Tile Replacement 239.00 Flat Fee Plumbing Fixtures 239.00 Flat Fee Fire Protection System & Life Safety Systems Permit Fee Electromagnetic Lock/Electric Strikes 239.00 Flat Fee Fire Alarm System 292.00 Flat Fee Fire Alarm Annunciator Panel 292.00 Flat Fee Life Safety Devices 292.00 Flat Fee Sprinkler System 292.00 Flat Fee Standpipe System 292.00 Flat Fee Mechanical System Permit Fee Commercial Cooking Exhaust System 292.00 Flat Fee Heating, Ventilation, Air Conditioning Roof Top Units (per unit) 292.00 Flat Fee Heating, Ventilation, Air Conditioning Duct Work (per area) 8.38 per sq. m Furnace or Hot Water Tank Replacement Unit (per unit) 239.00 Flat Fee Boiler Replacement unit 239.00 Flat Fee Spray Booth 292.00 Flat Fee Miscellaneous Works Permit Fee Stages 318.00 Flat Fee Fire Place or Wood Stove 239.00 Flat Fee For categories not listed $15 per $1,000 of valuated construction cost or portion thereof Shoring 30.77 per linear metre Under Pinning 30.77 per linear metre Storage Rack as per 3.16 318.00 Flat Fee Roof Anchors 318.00 Flat Fee Re-Roofing of Buildings other than houses 398.00 Flat Fee Tiny Homes 12.82 per Sq. m Site Grading for Residential developments that are 10 units or less 318.00 Flat Fee Certified Model Homes Service 318.00 Flat Fee Trailer (construction site trailer, sea container) 239.00 Flat Fee Designated Structures Permit Fee Communication Tower 318.00 Flat Fee Retaining Wall 318.00 Flat Fee Silo 318.00 Flat Fee Pedestrian Bridge/Walkway 318.00 Flat Fee Planning, Building & Development 12DRAFT Page 76 of 129 Page 112 of 546 Outdoor Public Spa 504.00 Flat Fee Outdoor Public Swimming Pool 504.00 Flat Fee Satellite Dish 318.00 Flat Fee Designated Structures cont'd Permit Fee Air Supported Structure, Tent, Temporary Fabric Structure 318.00 Flat Fee Roof Sign with Face over 10m2 318.00 Flat Fee Pylon Sign over 7.5m in height 318.00 Flat Fee Projection Sign over 115kg in weight 318.00 Flat Fee Solar Panels 371.00 Flat Fee Crane Runway 318.00 Flat Fee Exterior Storage Tank 318.00 Flat Fee Wind Turbine Generator having a rated output more than 3kW 371.00 Flat Fee Conditional Permits Permit Fee Conditional Permit Agreement 530.00 Flat Fee Conditional permit Security Deposit (% of construction cost of phase being built)10% Condition Permit Stages: Site Servicing (% of construction cost of phase being built) 100% Substructure (% of construction cost of phase being built) 15% Superstructure (% of construction cost of phase being built) 55% Building Envelope (% of construction cost of phase being built) 80% Building Interior (% of construction cost of phase being built)100% 13DRAFT Page 77 of 129 Page 113 of 546 Demolition Residential - Single, Semi-detached, Duplex Dwellings, Townhouses, Row Housing Accessory Structure All other buildings-with gross floor area equal to or less than 600 m2 All other buildings-with gross floor area greater than 600 m2 Administration Fee Occupancy of an unfinished building (apartment residential & mult- storey commercial per floor or unit charge) Occupancy of an unfinished building for all other (per floor or unit charge) Fast Track Permit - please refer to Phase 1 Fast Track program details Limiting Distance Agreement Alternative Solution (minimum 4 hours) Suspended or Cancel Permit Change of Use of Permit with no construction Compliance Letters (from Building Services regarding building permit information) Transfer of Permit Ownership Additional Plan Review Not-ready inspection Contruction without a Permit After hour Inspection Permission to defer Permit Revocation Amendment to Permit Administration Pre-Application Review Amendment to a Conditional Permit Agreement Partial Permit Permit Application Extension 911 Rural Address Sign NSF Cheque Service Charge (per property) Administration Fee for unpaid building permit fees transferred to property taxes Zoning Review for Building Permit Administration Fee for missed payment of Development Charges payable by installments as per Section 26.1 of the Development Charges Act Administration Fees (with HST applicable) Fee HST Total Liquor Licence Clearance Letter *Note: Fire Services portion is also payable. Please refer to Fire Services Department fee section for the applicable charge. 238.70 31.03 269.73 Building File Search (per hour/property) *subject to Freedom of Information and Protection of Privacy Act 36.05 4.69 40.74 Photocopies (per page) - letter size 0.69 0.09 0.78 Photocopies (per page) - legal size 0.92 0.12 1.04 Photocopies (per page) - ledger size 1.36 0.18 1.54 Copies of Large Plans (per plan) - black & white 4.56 0.57 5.13 Copies of Large Plans (per plan) - colour 9.12 1.19 10.31 Planning, Building & Development 550.00 Flat Fee 133.00 per hour 239.00 Flat Fee 133.00 per hour 2x Permit Fee 159.00 per hour 239.00 Flat Fee 239.00 Flat Fee 239.00 Flat Fee 239.00 Flat Fee 133.00 per hour 133.00 Flat fee 239.00 Flat Fee 210.00 Flat Fee See Conditional Permit Permit Fee 159.00 Flat Fee 0.40 per sq. m. 0.40 per sq. m. Fee 240.00 Flat Fee 36.00 Flat Fee 26.00 Flat Fee 133.00 per hour 239.00 Flat Fee 239.00 Flat Fee 239.00 Flat Fee 1,061.00 Flat Fee 133.00 per hour 239.00 Flat Fee 14DRAFT Page 78 of 129 Page 114 of 546 Sign Permits under Sign By-law Signs - under 10 m2 Signs - 10 m2 or more Pool Permit under Pool By-law Deposit Seasonal - Above Ground 500.00 In Ground 750.00 Deposits Single permit: detached dwelling, semi-detached dwelling, duplex, triplex, fourplex, townhouse (per dwelling) Addition(s) to buildings described above where excavation is required Demolition Project Miscellaneous construction accessory to the buildings described above with a construction value greater that $3,500.00 Construction projects other than those described above involving buildings or additions where a site plan IS required Construction projects other than those described above involving buildings or additions where a site plan IS NOTrequired Conditional Building Permit Deposit (minimum $5,000.00) Move a Building Lot Grading Any type of dwelling in a plan of subdivision that has NOT already been assumed by the City Any type of dwelling proposed to be placed on an infill lot Refunds Where only administrative functions have been completed (application received, cost analysis and application is entered into a Building Services DatabaseWhere only administrative and zoning functions have been completed Where only administrative and zoning & plans examination functions have been completed Where the permit has been issued and field inspections have yet to be performed, subsequent to permit issuance Other Applicable Fees Item $ Fee $ HST $ Total Water Meter 5/8" Positive Displacement Complete Water Meter 5/8" x 3/4 Positive Displacement Complete Water Meter 3/4" Positive Displacement Complete Water Meter 1" Positive Displacement Complete Water Meter 1.5" Positive Displacement Complete Please see fees on page 20 (New Install Meter costs) Planning, Building & Development 1,500.00 per dwelling 500.00 1,250.00 2,500.00 232.00 Flat Fee Permit Fee Value 1,000.00 per dwelling 750.00 Permit Fee 232.00 Flat Fee 361.00 Flat Fee Note: Refer to Designated Structures Fee Section for signs designated under the Ontario Building Code 77.00 Flat Fee 232.00 Flat Fee 50% Stage of Permit NOTE: Where the calculated refund is less than the minimum permit fee appllication to the work, no refund shall be made of the fees paid. Where a request for refund is made twelve (12) months or more after the issuance of the permit, there shall be no fees refunded % of Fees Paid 90% 80% 60% 10% of construction value (minimum of $5,000) Value 1,000.00 per dwelling 750.00 1,000.00 15DRAFT Page 79 of 129 Page 115 of 546 Municipal Enforcement Services Fee HST Total Sign Removal Administration Fee 77.25 N/A 77.25 Litter By-law Administration Fee 309.00 N/A 309.00 Fence Variance 309.00 N/A 309.00 Dangerous Dog/Muzzle Order Appeal 309.00 N/A 309.00 Municipal Enforcement Services - Property Standards Fee HST Total Ceriticate of Compliance 257.50 N/A 257.50 Discharge of an Order registered on title 618.00 N/A 618.00 File of Notice of Appeal 515.00 N/A 515.00 Vacant Building Registration Fee 1,000.00 N/A ####### Vacant Building Administration Fee (one time) 350.00 N/A 350.00 Vacant Building Registry Change of Ownership fee 100.00 N/A 100.00 Enforcement Fee (ongoing non-compliance)300.00 N/A 300.00 Planning, Building & Development - Municipal Enforcement 16DRAFT Page 80 of 129 Page 116 of 546 https://niagarafalls.ca/city-hall/building/development-charges.aspx Please see DC by-laws 2024-053, 2024-054, 2024-056 Schedule of Development Charges effective July 8, 2024 Planning, Building & Development 17DRAFT Page 81 of 129 Page 117 of 546 Permits $ Fee $ HST $ Total Commercial Vehicle (loading permit annually) - first such vehicle 82.50 10.73 93.23 Commercial Vehicle (loading permit annually) - second such vehicle- under the same registered owner as first permit 27.50 3.58 31.08 Commercial Vehicle (loading permit annually) - each additional such motor vehicle under the same registered owner as the 1st and 2nd permits 16.50 2.15 18.65 Oversize/overweight load permit - single trip 82.50 10.73 93.23 Oversize/overweight load permit - annually 220.00 28.60 248.60 On-street overnight parking permit - annually 110.62 14.38 125.00 Newspaper box permit - annually 33.00 N/A 33.00 Parking meter bagging (per meter per day) - standard daily route for bagged 11.00 1.43 12.43 Residential on-street permit/replacement cost 16.50 2.15 18.65 Residential Convenience pass 35.00 4.55 39.55 Parking Lots - Municipal Parking $ Fee $ HST $ Total Lot 2 - per month 40.04 5.21 45.25 Lot 2 - per hour 1.11 0.14 1.25 Lot 3 - per month 40.04 5.21 45.25 Lot 3 - per hour 1.11 0.14 1.25 Lot 4 - per hour 2.65 0.35 3.00 Lot 4 - per 8 hours 10.62 1.38 12.00 Lot 5 - per hour 2.65 0.35 3.00 Lot 5 - per 8 hours 10.62 1.38 12.00 Lot 7 - per month 40.04 5.21 45.25 Lot 8 - per month 40.04 5.21 45.25 Lot 9 - per month 40.04 5.21 45.25 Lot 9 - per hour 1.11 0.14 1.25 Lot 12 - per month 40.04 5.21 45.25 Lot 12 - per hour 1.11 0.14 1.25 Lot 13 - per month 25.00 3.25 28.25 Lot 13 - per hour 1.11 0.14 1.25 Lot 14 - per month 25.00 3.25 28.25 Lot 14 - per hour 1.11 0.14 1.25 Lot 15 - per month 40.04 5.21 45.25 Lot 16 - per hour 4.43 0.57 5.00 Lot 16 - per month 34.96 4.54 39.50 Lot 17 - per month 40.04 5.21 45.25 Lot 18 - per hour 2.65 0.35 3.00 Lot 18 - per 8 hours 10.62 1.38 12.00 Lot 18 - per month 50.00 6.50 56.50 Lot 19 - per month 40.04 5.21 45.25 Lot 19 - per hour 1.11 0.14 1.25 Lot 20 - per hour 2.65 0.35 3.00 Lot 20 - per 8 hours 10.62 1.38 12.00 On-street rate - commercial/business 1.77 0.23 2.00 On-street rate - hospital 1.77 0.23 2.00 On-street rate - tourist 3.10 0.40 3.50 Parking Lot Replacement Cost: 1-15 days Parking Lot Replacement Cost: 16-31 days *Note: Municipal Parking is regulated with a dynamic rates bylaw that can fluctuate to meet the needs and demands and events of the area and may not reflect the rates listed in this schedule. Planning, Building & Development - Parking Full cost of lot Half cost of lot 18DRAFT Page 82 of 129 Page 118 of 546 Private Sewer Lateral Cleaning $ Fee $ HST $ Total Monday to Sunday (exclusive of observed holidays) between 8:00am and 7:00 pm 204.67 N/A 204.67 Monday to Sunday (exclusive of observed holidays) between 7:00 pm and 8:00 am 450.21 N/A 450.21 Observed Holiday 542.40 N/A 542.40 "No action", cancellation or false alarm (exclusvie of observed holidays) between 8:00 am and 7:00 pm 85.00 N/A 85.00 "No action", cancellation or false alarm (exclusvie of observed holidays) between 7:00 pm and 8:00 am 95.00 N/A 95.00 Video inspection of a private sewer service (only during times as per line 1 above) free once annually. All other requests will be charged as per lines 1 and 2 above one free annually N/A one free annually Copy of DVD of video 9.09 1.18 10.27 High pressure flushing of sewer lateral from maintenance hole/property line at City's direction or requirement New Install Meter Costs $ Fee $ HST $ Total 5/8" Positive Displacement Complete 640.24 83.23 723.47 5/8" Positive Displacement Meter Only 329.20 42.80 372.00 5/8" x 3/4" Positive Displacement Complete 640.24 83.23 723.47 5/8" x 3/4" Positive Displacement Meter Only 329.20 42.80 372.00 3/4" Positive Displacement Complete 710.92 92.42 803.34 3/4" Positive Displacement Meter Only 390.08 50.71 440.79 1" Positive Displacement Complete 859.82 111.78 971.60 1" Positive Displacement Meter Only 534.08 69.43 603.51 1.5" Positive Displacement Complete 1,440.22 187.23 1,627.45 1.5" Positive Displacement Meter Only 936.68 121.77 1,058.45 NEW: 2" MACH 10 Ultrasonic Meter 1,761.72 229.02 1,990.74 NEW: 3" MACH 10 Ultrasonic Meter 4,746.77 617.08 5,363.85 NEW: 4" MACH 10 Ultrasonic Meter 6,069.48 789.03 6,858.51 NEW: 6" MACH 10 Ultrasonic Meter 9,242.77 1,201.56 10,444.33 NEW: 8" MACH 10 Ultrasonic Meter 13,203.77 1,716.49 14,920.26 NEW: 10" MACH 10 Ultrasonic Meter 16,370.69 2,128.19 18,498.88 NEW: 12" MACH 10 Ultrasonic Meter 19,542.29 2,540.50 22,082.79 6 x 8" compound 4" to 10" protectus R900 Wall Mount Transmitter 391.68 50.92 442.60 R900 Pit Mount Transmitter 480.61 62.48 543.09 R900 RF Pit Mount Antenna 204.38 26.57 230.95 Wire Replacement 100.00 13.00 113.00 Fail to be ready for pre-scheduled meter repair by City staff Water $ Fee $ HST $ Total Bulk Water Rate (per cubic meter) 2.30 N/A 2.30 Bulk Water Distribution System - purchase card 15.00 N/A 15.00 Installation of Water Service - any size City supervised tapping fees: 3/4"-5/8" up to & including 2" service 144.46 N/A 144.46 City supervised tapping fees: 4" and up 488.25 N/A 488.25 Fail to be ready for appointment 85.00 N/A 85.00 Charge for application to change meter size 150.00 N/A 150.00 City supervised tapping fees: afterhours: fee per size (above) + applicable overtime at cost Municipal Works At cost Actual Costs Actual Cost Actual Cost Actual Cost Note:All work is invoiced to requester after work is complete. Payment can be made by cash, cheque or credit online 19DRAFT Page 83 of 129 Page 119 of 546 Water, Cont'd Water $ Fee $ HST $ Total Exercise & Operate Curb Stop or Property Valve 81.46 N/A 81.46 3rd Party Meter Testing/Verification (up to 1") 265.46 N/A 265.46 Water Meter Tampering Fee (plus new install meter cost & estimated water theft)500.00 N/A 500.00 Water Meter Inspection 50.00 N/A 50.00 Hydrant Flushing/Testing: per hydrant 81.46 N/A 81.46 Sanitary Sewer Diversion Rebate Application 150.00 N/A 150.00 Arrears Disconnection or Connection Fee 100.00 N/A 100.00 Shutting off or turning on water supplyduring normal working hours 92.87 N/A 92.87 Shutting off or turning on water supply outside normal working hours 219.55 N/A 219.55 Miscellaneous - Water/Wastewater $ Fee $ HST $ Total Water & Wastewater backflow and meter rental fee 150.00 N/A 150.00 Charge after 14 days and every additional 14 days thereafter 150.00 N/A 150.00 Administrative - Invoicing 50.00 N/A 50.00 Notes: Charge for meters found on By-pass: a) By-pass opened with the consent of the City will be charged using the average estimated daily consumption based on annual consumption x number of days on by-pass b) By-pass opened or meter removed, tampered or illegal will be charged (a) x 3 penalty rate. c) If no previous consumption is recorded, a similarly sized meter/similar use will be used at the Engineer's discretion to calculate average daily consumption and charge at (b) rate. Water Meter Tampering is a $500.00 fee, plus the cost of the water meter replacement and the estimated consumption loss. For the purpose of this by-law, normal working hours shall mean Monday to Friday (exclusive of observed holidays) between 7:00 am and 2:00 pm. Municipal Works Meter loaned with Back Flow Preventor for approved hydrant consumption: Damage to meter or backflow preventor cost. 20DRAFT Page 84 of 129 Page 120 of 546 Subdivision & Vacant Land Condominium and Deposits $ Fee $ HST $ Total Administration Fee (on construction value) 3.75%N/A Varies Inspection Fee (on construction value) 3.10%N/A Varies Pre-Servicing Agreement Fee 500.00 N/A 500.00 Street Lighting Inspection Fee (ea. Lights, 3rd Party Inspection) 160.00 N/A 160.00 Boulevard Street Tree Fee (ea) 600.00 N/A 600.00 Cash in-lieu of Survey Monumentation (see below) Vertical Monumentation < 10 Ha 600.00 N/A Varies 10 Ha to 20 Ha 1,200.00 N/A Varies Each Additional Ha 600.00 N/A Varies Horizontal Monumentation < 5 Ha 400.00 N/A Varies 5 Ha to 10 Ha 800.00 N/A Varies Each Additional Ha 400.00 N/A Varies Lot Grading Deposit (ea. Lot/Unit - Max $50,000.00) 1,000.00 N/A Varies As Constructed Plan Deposit (ea. Lot/Unit - Max $20,000.00) 1,000.00 N/A Varies Administrative $ Fee $ HST $ Total Full Size Prints - Black & White 4.42 0.57 4.99 Full Size Prints - Colour 8.85 1.15 10.00 Photocopies (per page): Letter (colour) 0.50 0.07 0.57 Photocopies (per page): Legal (colour) 0.75 0.10 0.85 Photocopies (per page): Ledger (colour) 1.00 0.13 1.13 Photocopies (per page): Letter (black & white) 0.30 0.04 0.34 Photocopies (per page): Legal (black & white) 0.40 0.05 0.45 Photocopies (per page): Ledger(black & white) 0.50 0.07 0.57 Letters of Compliance 200.00 26.00 226.00 Road Occupancy Permit $ Fee $ HST $ Total Application - Road Only (plus applicable security deposit) - includes administration and inspection 350.00 N/A 350.00 Application - Water (plus applicable security deposit) - includes administration and inspection 600.00 N/A 600.00 Application - Sewer (plus applicable security deposit) - includes administration and inspection 600.00 N/A 600.00 Application - Sewer & Water (plus applicable security deposit) - includes administration and inspection 950.00 N/A 950.00 Detailed Traffic Control Plan and/or Detour Route Plan Review 150.00 N/A 150.00 Additional Inspection Fee (on construction value)3.10% N/A Varies Site Alteration Permit $ Fee $ HST $ Total Application (plus applicable security deposit) 200.00 N/A 200.00 Municipal Works 21DRAFT Page 85 of 129 Page 121 of 546 Forestry - City Tree Removal Request $ Fee $ HST $ Total City tree removal application fee *removal request only, no guarantee of approval 125.00 N/A 125.00 City tree removal (plus $1,200 contribution to 2:1 replanting elsewhere) Curb & Sidewalk Alterations $ Fee $ HST $ Total Curb Cut per meter (minimum cut fee $200.00) 97.23 12.64 109.87 Sidewalk Repair per square meter 220.47 28.66 249.13 Curb Repair per linear meter (minimum repair fee $200.00) 210.09 27.31 237.40 Sanitary, Storm or Water Model - Assessments $ Fee $ HST $ Total Small scale development and simple modeling 1,925.00 250.25 2,175.25 Mid-scale development and medium complexity modeling 3,500.00 455.00 3,955.00 Large scale development and high complexity modeling 7,000.00 910.00 7,910.00 Special modeling services Parkland $ Fee $ HST $ Total Parkland Gate Installation Application 1,000.00 N/A 1,000.00 Parkland Access Permit (plus applicable security deposit) 250.00 N/A 250.00 Municipal Works Case by case pricing At cost *Notes: The request for removal of a City tree is reviewed on a case-by-case basis and further requires a submission of a formal application. In effort to reserve our current tree canopy, all requests will be reviewed directly by the Forestry Supervisor. Trees approved for removal for reasons other than tree health shall be accompanied by a contribution to 2:1 replanting as per Forestry Policy 314.01. 22DRAFT Page 86 of 129 Page 122 of 546 Traffic/Engineering Information $ Fee $ HST $ Total 8 hour intersection traffic count - per location 315.00 40.95 355.95 24 hour automatic traffic recorder (ATR) - per location 135.00 17.55 152.55 24 hour speed study (ATR) - per location 250.00 32.50 282.50 4 day automatic traffic recorder (ATR), speed/volume/class - per location 400.00 52.00 452.00 7 day automatic traffic recorder (ATR), speed/volume/class - per location 700.00 91.00 791.00 Disabled Parking Sign 40.00 5.20 45.20 Disabled Parking tab - ($300 fine) 20.00 2.60 22.60 Six foot telespar post & base 60.00 7.80 67.80 Ten foot telespar post and base 70.00 9.10 79.10 "Slow down" lawn sign and base 25.00 3.25 28.25 24 hour automatic traffic recorder (ATR) - season - approx. 150 locations 1,500.00 195.00 1,695.00 Permits $ Fee $HST $Total Special Event Application (small) 200.00 26.00 226.00 Special Event Application (medium) 500.00 65.00 565.00 Special Event Application (large) 750.00 97.50 847.50 Oversize/overweight load permit - single trip 100.00 13.00 113.00 Oversize/overweight load permit - annually 300.00 39.00 339.00 Municipal Works - Traffic 23DRAFT Page 87 of 129 Page 123 of 546 Inspection/ Fire Prevention Services $ Fee $ HST $ Total Private Home Day Care, Respite Homes 175.00 22.75 197.75 Licensed Day Care 250.00 32.50 282.50 Boarding Room & Lodging & Bed & Breakfast 225.00 29.25 254.25 Residential: 1-3 units (includes single family dwelling, duplex and triplex) 250.00 32.50 282.50 Multi-Units: Apartments 1-4 units 350.00 45.50 395.50 Multi-Units: over 4 units, rate per unit 75.00 9.75 84.75 Hotels/Motels: 1-10 units 450.00 58.50 508.50 Hotels/Motels: over 10 units, rate per unit 75.00 9.75 84.75 General Inspections during regular hours/hour 61.04 7.94 68.98 After hours Inspection/Plans Review (minimum 4 hours) per hour 125.00 16.25 141.25 Commericial & Industrial less than 1,000 square meters 250.00 32.50 282.50 For each additional 1,000 square meters 75.00 9.75 84.75 Re-inspection fee for outstanding violations for the second and each subsquent re-inspection 100.00 13.00 113.00 Care/vunerable Occupancies 100.00 13.00 113.00 Municipal Licensing Re-inspection 61.04 7.94 68.98 Unsafe Building Order Compliance Inspection 350.00 45.50 395.50 FPO Response & Remediation of Hazard Fee/hr 61.04 7.94 68.98 Preconstruction consultation 61.04 7.94 68.98 Note: Requested inspection, outside of regular business hours, on weekends or holidays, is $150.00 per hour, with a minimum fee of $300.00 Approvals/Permits $ Fee $ HST $ Total General File Search 100.00 13.00 113.00 Occupant Load Signs 61.04 7.94 68.98 Reproduce Existing Documents 60.00 7.80 67.80 Fire Safety Plan Review & Approval - per submission 61.04 7.94 68.98 ULC Integrated Life Safety System Test Approval 61.04 7.94 68.98 3D Rendering of Buildings or Fire Scene 350.00 45.50 395.50 Hose Removal Approval and Inspection (per hose cabinet fee of $15/hose + HST)250.00 32.50 282.50 Letters & Produce Incident Reports to Insurance 105.00 13.65 118.65 Liquor Licence Approval Letter 160.00 20.80 180.80 Special Events (approval letter) 70.00 9.10 79.10 Fireworks/Pyrotechnics (approval letter) 70.00 N/A 70.00 Fireworks Vendor Permit 70.00 N/A 70.00 Designation of Fire Access Routes 150.00 N/A 150.00 Fire Code Alternative Solution Review 500.00 65.00 565.00 Products $ Fee $ HST $ Total Security Key Boxes 231.00 30.03 261.03 Fire route signs 35.00 4.55 39.55 Lock for fire safety plan box 20.00 2.60 22.60 Providing & installing carbon monoxide alarm installation 35.40 4.60 40.00 Providing & installing combination smoke/carbon monoxide alarm 35.40 4.60 40.00 Providing & installing a listed smoke alarm 15.00 1.95 16.95 Fire 24DRAFT Page 88 of 129 Page 124 of 546 Miscellaneous $ Fee $ HST $ Total Plan examinations, per $1 of permit value 0.10 N/A 0.10 Zoning amendments, per $1 of application fee 0.10 N/A 0.10 Site plan review, per $1 of application fee 0.10 N/A 0.10 Committee of Adjustments, per $1 of application fee 0.10 N/A 0.10 Subdivision Plans, per $1 of application fee 0.10 N/A 0.10 Fee to expedite services 50% if current applicable service fee in addition to regular fee 25DRAFT Page 89 of 129 Page 125 of 546 Training/Public Education Services $ Fee $ HST $ Total Fire Safety Training - Business (minimum of 4 hours) per hour 61.04 7.94 68.98 Fire Safety Training - non-profit group Supervision of Fire Drills - Business - per Fire employee (minimum 1 hour)61.04 7.94 68.98 Supervision of Fire Drills - non-profit group Fire Extinguisher Training Base Price 250.00 32.50 282.50 Fire Extinguisher Training per person 10.00 1.30 11.30 Fire Ground Training Use: Tower with live burn props - 8 hours (after 8 - hours will be prorated)2,042.40 265.51 2,307.91 Tower with live burn props - 4 hours (after 4 - hours and less than 8- hours will be prorated)1,185.20 154.08 1,339.28 Training Ground with no burn props - 8 hours 500.00 65.00 565.00 Training Ground with no burn props - 4 hours 250.00 32.50 282.50 Auto Extrication - per vehicle 250.00 32.50 282.50 Apparatus required/day Fire Safety Training/Public Education Services $ Fee $ HST $ Total Title searches Corporate profiles Cost of Prosecution Services Fire investigation - contracted services cost recovery Fire suppression - contracted services cost recovery Fire inspection support (fire alarm/sprinkler, etc) Cost to secure vacant building Fire Protection Services $ Fee $ HST $ Total Failure to comply with an Ontario regulation causing an Emergency Reponse O. Reg.201/01 Fire Department vehicle per hour or part thereof Non-resident motor vehicle response - per apparatus for 1st hour or part thereof Non-resident motor vehicle response - per apparatus for each additional half hour or part thereofResponse for open air burning - per apparatus for the 1st hour or part thereofResponse for open air burning - per apparatus for each additional half hour or part thereof. Response & remediation - grow operations/drug lab Response for rescue as result of trespass/stunting/misadventure Response for malicious complaint/false reporting Response for fireworks complaint in contravention of by-law Vacant building response - per apparatus for the 1st hour or part thereof After hours services (per person/per hour) 91.56 11.90 103.46 Delayed response from Property Keyholder Risk Safety Management Plan (RSMP) Review - Propane $ Fee $ HST $ Total Existing facility - 5,000 USWG or less 250.00 32.50 282.50 New/modified facility - 5,000 USWG or less 500.00 65.00 565.00 Existing facility - more than 5,000 USWG 1,250.00 162.50 1,412.50 New/modified facility - more than 5,000 USWG 2,500.00 325.00 2,825.00 Preventable False Alarms $ Fee $ HST $ Total First two alarms, written warning Subsequent Alarms **MTO rate is an established fee used by Fire Departments to cost recover **current MTO Rate Fire no charge no charge as billed to the department as billed to the department **current MTO Rate as billed to the department as billed to the department as billed to the department No charge **current MTO Rate **current MTO Rate as billed to the department as billed to the department **current MTO Rate **current MTO Rate **current MTO Rate **current MTO Rate **current MTO Rate **current MTO Rate **current MTO Rate **current MTO Rate **current MTO Rate **current MTO Rate 26DRAFT Page 90 of 129 Page 126 of 546 Interment Rights (Lot Sales)Total Fee HST Total Charge Adult Single Lot 2,732.58 355.24 3,087.82 Child/Infant Single Lot - size 4'x5' 1,287.86 167.42 1,455.28 Child/Infant Single Lot - with granite memorial/keepsakes storage 3,713.15 482.71 4,195.86 Cremation Lot - Single lot 571.18 74.25 645.43 Cremation Plot - Four lots 1,896.75 246.58 2,143.33 One Time Care & Maintenance Fee 309.00 40.17 349.17 Interment Rights (Niche Sales)Total Fee HST Total Charge Niche Level A & B Single Niche Stamford Green only 871.92 113.35 985.27 Double Niche 2,019.16 262.49 2,281.65 Triple Niche Stamford Green only 2,891.07 375.84 3,266.91 Niche Level C - G Single Niche Stamford Green only 1,101.36 143.18 1,244.54 Double Niche 2,294.49 298.28 2,592.77 Triple Niche Stamford Green only 3,395.85 441.46 3,837.31 Interment Rights (Niche Sales-Estate)Total Fee HST Total Charge Two Niche Unit (4 Urn Limit) 5,171.89 672.35 5,844.24 Four Niche Unit (8 Urn Limit) 10,343.78 1,344.69 11,688.47 Interment & Inurnment Service Fees Total Fee HST Total Charge Adult Casket Burial 1,760.37 228.85 1,989.22 Adult Double Depth Casket Burial 2,434.77 316.52 2,751.29 Child/Infant Casket Burial 829.66 107.86 937.52 Cremains Urn Burial 556.99 72.41 629.40 Oversized Urn Burial (Companion & Urn Vaults) 835.52 108.62 944.14 Cremains - SCATTERING - REMEMBRANCE GARDENS 284.35 36.97 321.32 Cremains - SCATTERING - OTHER 142.17 18.48 160.65 *Care & Maintenance - Scattering 30.00 3.90 33.90 Interment Cancellation - Casket (if not already open) 417.22 54.24 471.46 Interment Cancellation - Urn (if lot/niche already open) 208.62 27.12 235.74 Interment Services (Niche Inurnments)Total Fee HST Total Charge Single Inurnment 438.69 57.03 495.72 Double Cremain Inurnment* 94.94 12.34 107.28 Dis-Inter Niche Urn 208.62 27.12 235.74 *Adminstration fee for the additional cremated remain inurnment/interment if taking place at the same time. Cemetery Fees 27DRAFT Page 91 of 129 Page 127 of 546 Dis-Interment Services Total Fee HST Total Charge Adult Casket Dis-interment only* 2,980.15 387.42 3,367.57 Adult Casket Dis-interment & Re-interment 5,096.90 662.60 5,759.50 Cremain Urn Dis-interment Only* 838.80 109.04 947.84 Cremain Urn Dis-interment & Re-Interment 1,420.96 184.72 1,605.68 Infant Casket Dis-interment Only* 1,145.41 148.90 1,294.31 Infant Casket Dis-interment & Re-interment 2,025.60 263.33 2,288.93 *remains are removed from Municipal Cemetery Interment Surcharges Total Fee HST Total Charge Late Arrivals - after 3:00 pm Mon-Sat, Sun & Holidays (each 1/2 hour) 131.87 17.14 149.01 Sunday & Holiday Casket Burial - scheduled between 11:00 am & 2:00 pm 1,002.17 130.28 1,132.45 Sunday & Holiday Cremains Burial - scheduled between 11:00 am & 2:00 pm 501.10 65.14 566.24 Tent Rental (All Interment Services)149.16 19.39 168.55 Less than 8 working hours casket burial order 316.49 41.14 357.63 Less than 8 working hours cremains burial order 158.24 20.57 178.81 Administration Services Total Fee HST Total Charge Cemetery Administrative fee 94.94 12.34 107.28 Interment Rights Replacement/Duplicate 47.46 6.17 53.63 Cremains Urn Burial - double (admin fee) *companion urn* 94.94 12.34 107.28 Cemetery Records Search (charge per hour) 47.46 6.17 53.63 Cemetery Fees Dis-Interment & Administrative Service Fees 28DRAFT Page 92 of 129 Page 128 of 546 Niche & Memorial Products Total Fee HST Total Charge Bronze Wreath (Maplegrove) 1,034.24 134.45 1,168.69 Glass - Single Niche - Stamford Green 103.42 13.44 116.86 Glass - Double Niche - Stamford Green 206.84 26.89 233.73 Glass - Triple Niche - Stamford Green 257.80 33.51 291.31 Bronze Name Plate - Remembrance Garden/Memorial Woods 360.50 46.87 407.37 Bronze Plate - Single Niche - Stamford Green 775.67 100.84 876.51 Bronze Plate - Double Niche - Stamford Green 1,551.36 201.68 1,753.04 Bronze Plate - Triple Niche - Stamford Green 2,327.03 302.51 2,629.54 Granite Plate Etching Service 750.00 97.50 847.50 Cremation Keep Sakes - Pendant 110.33 14.34 124.67 Cremation Keep Sakes - Pendant with Fingerprint 168.68 21.93 190.61 Key FOB (extra) Stamford Green 20.67 2.69 23.36 Cemetery & Park Memorial Program Total Fee HST Total Charge Brushed Metal Memorial Tag 3x5 - added to bench or tree 50.00 N/A 50.00 Brushed Metal Memorial Tag 4x6 - added to bench or tree 75.00 N/A 75.00 Aluminum Memorial Plaque 4x6 - added to bench or tree 175.00 N/A 175.00 Aluminum Memorial Plaque 6x8 - added to bench or tree 250.00 N/A 250.00 Aluminum Memorial Plaque 8x10 - added to bench or tree 325.00 N/A 325.00 Aluminum Memorial Plaque 8x10 - with metal stand installed beside bench 650.00 N/A 650.00 Bronze Memorial Plaque 8x10 - with metal stand installed beside bench 850.00 N/A 850.00 Bronze Butterfly 379.04 N/A 379.04 Memorial Tree 810.00 N/A 810.00 Memorial Bench 2,864.43 N/A 2,864.43 Life's QR - Heart Plaque 225.00 29.25 254.25 Life's QR - 2x2 Plaque 250.00 32.50 282.50 Life's QR - 4x4 Plaque 275.00 35.75 310.75 Life's QR - 4x4 Tree Stake 300.00 39.00 339.00 Foundation /Marker/Installation Services Total Fee HST Total Charge Foundation Installation - up to 36" 870.27 113.14 983.41 Foundation Installation - 36" to 48" 1,002.04 130.27 1,132.31 Foundation Installation - 49" to 60" 1,334.65 173.50 1,508.15 Foundation Installation - 61" to 72" 1,466.71 190.67 1,657.38 Foundation Installation - 73" to 90" 1,660.35 215.85 1,876.20 Veteran Upright Marker Setting 587.39 76.36 663.75 Small Flat Marker Setting under 172 square inches 212.79 27.66 240.45 Large Flat Marker Setting over 172 square inches 372.82 48.47 421.29 Corner Markers Setting (per set of 4) 212.79 27.66 240.45 Foundation Removal 500.00 65.00 565.00 Cemetery Cremation Vault 664.35 86.37 750.72 Cemetery Traditional Vault 1,539.85 200.18 1,740.03 Prescribed Marker Care & Maintenance Fee Total Fee HST Total Charge Flat Marker Over 172 square inches 100.00 13.00 113.00 Prescribed Provincial Licensing Fee Total Fee HST Total Charge Provincial Licensing Fee 30.00 3.90 33.90 Cemetery Fees Memorial Products & Services Foundation Fees CUSTOM - Memorial Bench with Memorial Plate Installed on Back of Bench (please contact Cemetery office) 29DRAFT Page 93 of 129 Page 129 of 546 3) Sunday & statutory holiday interment services may be scheduled between 11:00 am & 2:00 pm. An interment surcharge will apply. 4) A "scheduled" funeral late arrival & other interment surcharges will apply as indicated in the Cemetery Fee Schedule - "Interment Surcharges" 5) Funeral late arrivals (arriving after the scheduled time) will be subject to an additional fee. 6) Funeral Directors are responsible for advising families, in advance, of potential late charges & applicable surcharges. 7) Dis-interments may be scheduled from May 1st to November 1st only and at the discretion of the Cemetery Manager or designate. 8) The Funeral Director is responsible for scheduling & all related costs for disinterments including: casket/urn/vault/removal vault/urn unsealing & resealing Niagara Regional Health Unit Approval and Attendance 9) One time care & maintenance fee is charged per interment (fully body or cremation) that takes place in a lot (grave) that was purchased prior to 1955. B) Interment Right Sales 1) The Interment Rights Holder owns the interment rights to a single lot, plot and/or niche. The Interment Rights Holder must abide by the regulations stipulated in the Cemetery by-law, including the installation of a monument, maintenance of a flowerbed or other memorialization. 2) The Interment Rights Holder may transfer, exchange or sell-back a plot, single lot or niche at any time before an interment takes place. If the above Interment Rights have not been used, the purchaser may, in writing to the City within thirty (30) days from the signing of the contract, cancel this contract and receive a full refund. Following thirty (30) days, the purchaser may be eligible for a full refund less the Care & Maintenance Fees. C) Resale/Transfers The Rights Holder may resell unused lots/plots/niches to the City of Niagara Falls for a refund of the current Cemetery Fee. Rights Holder may also resell unused lots/plots/niches privately. The City reserves first right of refusal for all resell/sell back of Interment Rights (i.e. lots, plots and niches). All documents pertaining to the original sale must be returned to the Cemetery Office. An administration charge will apply, in accordance with the current Cemetery Fees Schedule. D) Payment Interment Rights (lot sales) must be paid in full before any burial and/or memorialization can take place. Payment for a burial service (casket, cremation, niche, scatter) is due the day of the service. Credit card, debit, cheque are the only acceptable methods of payment. E) Inquiries All inquiries or concerns should be received in person at the Fairview Cemetery office, on Stanley Ave., Monday through Saturday 8:00 am to 4:00 pm, or by calling (905) 354-4721 Monday through Friday 8:00 am to 4:00 pm. Saturday appointments must be made at least 48 hours in advance. Mark Richardson, Manager of Cemetery Services. 2) Monday to Saturday Interment Services (except on Statutory or City Holidays) may be scheduled between 9:00am and 3:00 pm only Cemetery Fees Memorial Products & Services Notes: A) Interment/Disinterment Services 1) All committal services scheduling is at the approval of the Cemetery Services based on location, weather, staff availability & the number of services requested. 30DRAFT Page 94 of 129 Page 130 of 546 Note: Commercial Groups/Community Groups Non-profit: Prime hours are Monday-Friday 5:00 pm-11:00 pm, Saturday-Sunday 7:00 am to close Non-prime hours are Monday-Friday 7:00 am - 5:00 pm and 11:00 pm - 12:00 am Statutory Holidays are charged at prime rates Summer ice rates are applicable from May 1st through August 31st Exact dates of opening & closing to be determined each year Cancellation Fee $ Fee $ HST $ Total Arenas, playing fields, Older Adult Centre and MacBain Community Centre rentals 22.07 2.87 24.94 Ice/Floor Rentals (Fall/Winter - effective September 1 - April 30)$ Fee $ HST $ Total Adult Ice rental - prime time 232.37 30.21 262.58 Adult Ice rental - non-prime time 125.39 16.30 141.69 Youth Ice rental - prime time (resident)160.87 20.91 181.78 Youth Ice rental - non prime time 102.65 13.34 115.99 Youth tournament prime time (non-tenant)188.88 24.55 213.43 Ice Training (non prime time only, 5 skater maximum)64.86 8.43 73.29 Education rate (all elementary schools)60.31 7.84 68.15 Floor Rental - adult 82.40 10.71 93.11 Floor Rental - youth 74.16 9.64 83.80 Ice/Floor Rentals (Spring/Summer - effective May 1 - August 31)$ Fee $ HST $ Total All users - prime time 223.43 29.05 252.48 All users - non prime time 159.85 20.78 180.63 Tenant Groups - prime time 193.85 25.20 219.05 Tenant Groups - non prime time 131.75 17.13 148.88 Youth tournament (non-tenant) prime time 180.14 23.42 203.56 Education rate (all schools)60.34 7.84 68.18 Floor rental - adult 82.40 10.71 93.11 Floor rental - youth 74.16 9.64 83.80 Recreation, Culture & Facilities 31DRAFT Page 95 of 129 Page 131 of 546 Parking Lot Rentals $ Fee $ HST $ Total King Eddy - Full Day (4-12 hours) 500.00 65.00 565.00 King Eddy - Half Day (4 hours or less) 250.00 32.50 282.50 Gale Centre Parking Lot A - Full Day (4-12 hours)1,000.00 130.00 1,130.00 Gale Centre Parking Lot A - Half Day (4 hours or less)500.00 65.00 565.00 Gale Centre Parking Lot B - Full Day (4-12 hours)500.00 65.00 565.00 Gale Centre Parking Lot B - Half Day (4 hours or less)250.00 32.50 282.50 MacBain Centre Parking Lot A - Full Day (4-12 hours)500.00 65.00 565.00 MacBain Centre Parking Lot A - Half Day (4 hours or less)250.00 32.50 282.50 MacBain Centre Parking Lot B - Full Day (4-12 hours)500.00 65.00 565.00 MacBain Centre Parking Lot B - Half Day (4 hours or less)250.00 32.50 282.50 MacBain Skatepark Lot - Full Day (4-12 hours)250.00 32.50 282.50 MacBain Skatepark Lot - Half Day (4 hours or less)125.00 16.25 141.25 Chippawa Arena - Full Day (4-12 hours)250.00 32.50 282.50 Chippawa Arena - Half Day (4 hours or less)125.00 16.25 141.25 Chippawa Lions Park Lot - Full Day (4-12 hours)250.00 32.50 282.50 Chippawa Lions Park Lot - Half Day (4 hours or less)125.00 16.25 141.25 Park Rentals* $ Fee $ HST $ Total Chippawa Lions Park - Community Park 75.00 9.75 84.75 City Hall Centennial Square - City-Wide Park 75.00 9.75 84.75 Cummington Square - City-Wide Park 60.00 7.80 67.80 F.H. Leslie Park - Community Park 75.00 9.75 84.75 George Bukator Park - City-Wide Park 60.00 7.80 67.80 John N. Allan Park - Community Park 75.00 9.75 84.75 Lundy's Lane Battlefield Park - City-Wide Park 75.00 9.75 84.75 Special Events Park Rentals 75.00 9.75 84.75 *Not including athletic fields Recreation, Culture & Facilities Special Event Rental Fees 32DRAFT Page 96 of 129 Page 132 of 546 MacBain Community Centre Room Rental Fees Rooms for Rent (Regular & Out of Town) $ Hourly Rate $ HST $ Total $ Day Rate $ HST $ Total Multi-Purpose Room A 27.56 3.58 31.14 137.80 17.91 155.71 Multi-Purpose Room D 66.15 8.60 74.75 330.75 43.00 373.75 Multi-Purpose Room E 66.15 8.60 74.75 330.75 43.00 373.75 Multi-Purpose Room D/E (together) 132.30 17.20 149.50 661.50 86.00 747.50 Multi-Purpose Room F 52.50 6.83 59.33 262.50 34.13 296.63 Community Board Room 27.56 3.58 31.14 137.80 17.91 155.71 Coronation Room 66.15 8.60 74.75 330.75 43.00 373.75 Second Floor Meeting Room 21.00 2.73 23.73 105.00 13.65 118.65 Rooms for Rent (Non Profit ) $ Hourly Rate $ HST $ Total $ Day Rate $ HST $ Total Multi-Purpose Room A 13.78 1.79 15.57 68.90 8.96 77.86 Multi-Purpose Room D 33.08 4.30 37.38 165.40 21.50 186.90 Multi-Purpose Room E 33.08 4.30 37.38 165.40 21.50 186.90 Multi-Purpose Room D/E (together) 66.15 8.60 74.75 330.75 43.00 373.75 Multi-Purpose Room F 26.25 3.41 29.66 131.25 17.06 148.31 Community Board Room 13.78 1.79 15.57 68.90 8.96 77.86 Coronation Room 33.08 4.30 37.38 165.40 21.50 186.90 Second Floor Meeting Room 10.50 1.37 11.87 52.50 6.83 59.33 $ Fee/hr $ HST $ Total 71.66 9.32 80.98 35.83 4.66 40.49 115.76 15.05 130.81 63.39 8.24 71.63 Day Rate 868.22 112.87 981.09 $ Fee/hr $ HST $ Total 35.84 4.66 40.50 17.91 2.33 20.24 57.89 7.53 65.42 24.81 3.23 28.04 $ Fee/hr $ HST $ Total 10.00 1.30 11.30 15.00 1.95 16.95 Walking Track 50.00 6.50 56.50 8.85 1.15 10.00 4.42 0.58 5.00 6.19 0.81 7.00 MacBain Community Centre - DAY PASS - Valid for public swimming and drop in gym times Program Fees $ Fee/hr $ HST $ Total Child/Youth (4-17)/Senior (60+) 8.85 1.15 10.00 Adult 13.27 1.73 15.00 Family 22.12 2.88 25.00 Drop in programs (excluding aquatics, indoor play structure & racquet sports)4.43 0.58 5.00 Day Camp Registration (basic)235.00 N/A 235.00 Before Care 20.00 N/A 20.00 After Care 20.00 N/A 20.00 Per week Per week Per week Per pass Per pass Per pass MacBain Community Centre Rental Fees Drop in Fee for Squash & Racquetball (prime: after 5:00pm & weekends) - per person Per pass Squash Courts (per hour)Youth/Older adult non-prime Adult weekends Equipment Rental Drop in Fee for Squash & Racquetball (non-prime: before 5:00pm on weekdays) - per person Youth Recreation, Culture & Facilities Gymnasium MacBain Comm. Centre Rental Fees (not for profit) Youth 1/3 gym Adult Adult 1/3 gym Gymnasium Youth Youth 1/3 gym Adult Adult 1/3 gym MacBain Community Centre Rental Fees (for profit) 33DRAFT Page 97 of 129 Page 133 of 546 Indoor Play Structure $ Fee $ HST $ Total Hourly NFP Rental 150.00 19.50 169.50 Drop in 6.19 0.81 7.00 Drop in 13.27 1.73 15.00 Birthday Parties $ Fee $ HST $ Total 75.00 9.75 84.75 100.00 13.00 113.00 250.00 32.50 282.50 200.00 26.00 226.00 50.00 - 50.00 30.00 3.90 33.90 21.43 2.79 24.22 $ Fee $ HST $ Total 20.00 2.60 22.60 30.00 3.90 33.90 40.00 5.20 45.20 80.00 10.40 90.40 8.00 1.04 9.04 $ Fee $ HST $ Total 10.00 1.30 11.30 15.00 1.95 16.95 20.00 2.60 22.60 40.00 5.20 45.20 5.00 0.65 5.65 $ Fee $ HST $ Total 10.00 1.30 11.30 Large Cabinet - locked per month Storage Closet/Rooms - locked per square foot/per year Storage Closet/Rooms - locked per square foot/per year MacBain Community Centre Storage (not for profit) Locker Box per month Small Cabinet - unlocked per month Refund - Program Only Room only Fees Fees Per Hour Room & 1/3 Gym Room & 1/3 Gym and Play Structure Room & Play Structure Refunds (for all registrations) Crafts Refund - Administration Fee MacBain Community Centre Storage (for profit) Locker Box per month Small Cabinet - unlocked per month Small Cabinet - locked per month Large Cabinet - locked per month Small Cabinet - locked per month Recreation, Culture & Facilities per child per family Birthday Party Cleaning/Damage Deposit 34DRAFT Page 98 of 129 Page 134 of 546 $ Fee $ HST $ Total 25.22 3.28 28.50 1.55 0.20 1.75 2.83 0.37 3.20 2.58 0.34 2.92 5.15 0.67 5.82 4.12 0.54 4.66 5.15 0.81 5.96 5.67 0.74 6.41 7.21 0.81 8.02 6.18 0.81 6.99 4.12 0.54 4.66 5.15 0.58 5.73 4.12 0.54 4.66 $ Fee $ HST $ Total 27.43 3.57 31.00 31.86 4.14 36.00 49.56 6.44 56.00 58.41 7.59 66.00 $ Fee $ HST $ Total 4.42 0.57 5.00 3.54 0.46 4.00 5.31 0.69 6.00 4.42 0.57 5.00 6.19 0.81 7.00 4.87 0.63 5.50 Recreation, Culture & Facilities Program Fees Program Fees Program drop in MacBain Community Centre - Older Adults 60 plus MacBain Community Centre - Older Adults 60 plus Memberships Pickleball - Drop in - Non- Member TRX = 60+ Member - Off Peak Pickleball - Drop in - Member Fitness class drop in (including Zumba/Clogging/Short Mat) Bingo - member Fitness pass (10 punches) Meditation Watercolour Instruction Twelve Month Membership - Resident Twelve Month Membership - Non-Resident Yoga - 60+ Non-Member Bingo - non-member Yoga - 60+ Member Six Month Membership - Resident Six Month Membership - Non-Resident Pickleball Lessons MacBain Community Centre - Adult Fitness Program Fees Drop in Adult Fitness Registered Adult Fitness - 60+ member Yoga Adult Fitness Yoga Adult Fitness - 60+ member Drop in Adult Fitness - 60+ member Registered Adult Fitness 35DRAFT Page 99 of 129 Page 135 of 546 $ Fee $ HST $ Total 3.54 0.46 4.00 4.42 0.58 5.00 3.98 0.52 4.50 8.85 1.15 10.00 13.27 1.73 15.00 61.95 8.05 70.00 119.47 15.53 135.00 79.65 10.35 90.00 6.19 0.81 7.00 4.42 0.58 5.00 180.00 23.40 203.40 240.00 31.20 271.20 60.00 7.80 67.80 Lane Rental (per hour) 20.00 2.60 22.60 150.00 19.50 169.50 200.00 26.00 226.00 $ Fee $ HST $ Total 87.50 N/A 87.50 109.50 N/A 109.50 127.60 N/A 127.60 178.00 23.14 201.14 288.40 N/A 288.40 4.42 0.58 5.00 5.31 0.69 6.00 7.87 1.02 8.89 8.56 1.11 9.67 $ Fee $ HST $ Total 40.00 N/A 40.00 47.75 N/A 47.75 57.40 N/A 57.40 122.60 N/A 122.60 $ Fee $ HST $ Total 135.00 N/A 135.00 155.00 N/A 155.00 155.00 N/A 155.00 300.00 N/A 300.00 90.00 N/A 90.00 115.00 N/A 115.00 90.00 N/A 90.00 225.00 N/A 225.00 Private Private Swimming Lessons - Indoor (10 lessons) 30 minutes 45 minutes 60 minutes Adult Lessons Drop-in Aqua Fitness 60+ Member Drop-in Aqua Fitness 60+ Non-Member Aqua Cycle 60+ Member Aqua Cycle 60+ Non-Member 30 minutes Swimming Lessons - Outdoor (5 lessons) 45 minutes 60 minutes Birthday Party Pool & room Pool & gym Fitness Classes Drop in - Adult Drop in - Older Adults 60+ Both pools 1-30 people Both pools 31-100 peoplePool Rental (per hour) with Slide (additional) 1-10 people/hour AdultSix Month Membership Child Senior Leisure Swim Family (2+5) Recreation, Culture & Facilities MacBain Community Centre - Indoor Aquatics Program Fees Child/Youth Family (2+3) Adult Senior Standard First Aid Recert Instructors No Charge Bronze Cross National Lifeguard National Lifeguard Recert Standard First Aid Aquatics Certification Course Fees Bronze Star Bronze Medallion Adult Lane Swim/Public Swim 36DRAFT Page 100 of 129 Page 136 of 546 Gale Centre/Chippawa Room Rental Fees Memorial Room $ Hourly Rate $ HST $ Total $ Day Rate $ HST $ Total Not for profit Community Group 51.50 6.70 58.20 300.00 39.00 339.00 For profit Commercial Use 103.00 13.39 116.39 500.00 65.00 565.00 Birthday Parties - per booking 77.25 10.04 87.29 N/A N/A N/A Boardrooms $ Hourly Rate $ HST $ Total $ Day Rate $ HST $ Total Community Group N/A N/A N/A N/A N/A N/A Commercial Use 25.75 3.35 29.10 128.75 16.74 145.49 Chippawa Community Room $ Hourly Rate $ HST $ Total $ Day Rate $ HST $ Total Community Group 35.00 4.55 39.55 200.00 26.00 226.00 Commercial Use 50.00 6.50 56.50 300.00 39.00 339.00 Birthday Parties - per booking (3hrs with ice booking only)77.25 10.04 87.29 N/A N/A N/A Note: per day is for an 8 hour period. Special provisions for tournaments can be made through contract rental. The Special Event rental rates are for the basic use and services of the facility only. Additional charges will be added for staff, equipment rental and any other facility requirements that are requested. Organizations serving alcoholic beverages must comply with the City's Alcohol Risk Management Policy. $ Fee $ HST $ Total 3.54 0.46 4.00 2.65 0.34 2.99 8.84 1.15 9.99 2.95 0.38 3.33 Seniors (60 years & over) Recreation, Culture & Facilities Public Skating Adult (16 years and over) Child/Student (15 years and under) Family Pass (2 adults, 3 children) 37DRAFT Page 101 of 129 Page 137 of 546 Playing Fields $ Fee $ HST $ Total 83.29 10.83 94.12 103.26 13.42 116.68 120.28 15.64 135.92 155.03 20.15 175.18 $ Fee $ HST $ Total 28.80 3.74 32.54 $ Fee $ HST $ Total 5.00 0.65 5.65 11.50 1.50 13.00 12.75 1.66 14.41 20.00 2.60 22.60 $ Fee $ HST $ Total 3.89 0.51 4.40 7.77 1.01 8.78 8.88 1.15 10.03 17.76 2.31 20.07 $ Fee $ HST $ Total 2.78 0.36 3.14 5.55 0.72 6.27 6.66 0.87 7.53 $ Fee $ HST $ Total 55.50 7.22 62.72 111.00 14.43 125.43 77.70 10.10 87.80 222.00 28.86 250.86 $ Fee $ HST $ Total 23.29 3.03 26.32 38.83 5.05 43.88 77.63 10.09 87.72 37.46 4.87 42.33 Lighting - one hour Lighting - two hours Lighting - per four hour block Lighting (youth per evening) Resident youth Non-resident youth Resident adult Non-resident adult Lighting Tournament Day Rate (day=10 hours/field) B Category Playing Fields per hour Resident youth Non-resident youth Resident adult Non-resident adult C Category Playing Fields per hour Resident youth Non-resident youth Resident adult Non-resident adult Playing Fields Non-resident Adult not-for-profit, sport organization Track - exclusive use (Oakes Park) per day A Category Playing Fields per hour Resident youth Non-resident youth Resident adult Recreation, Culture & Facilities Multi-Purposes Articial Turf Field Residential minor/youth sport organization Non-residential minor/youth sport organization Resident Adult not-for-profit, sport organization Niagara Falls Youth Users Qualify for a reduced rate: 50% off the regular hourly rate 1. Niagara Falls based youth organization 2. Registered youth sport with an Ontario governing body 3. Documentation must be provided to staff for approval 38DRAFT Page 102 of 129 Page 138 of 546 Museum Fee Schedule $ Fee $ HST $ Total 5.31 0.69 6.00 4.42 0.57 4.99 no charge no charge no charge 17.70 2.30 20.00 66.37 8.63 75.00 44.25 5.75 50.00 66.37 8.63 75.00 10.62 1.38 12.00 8.85 1.15 10.00 35.40 4.60 40.00 $ Fee $ HST $ Total no charge no charge no charge $ Fee $ HST $ Total 5.31 0.69 6.00 2.65 0.35 3.00 3.54 0.46 4.00 6.19 0.81 7.00 4.42 0.57 4.99 8.85 1.15 10.00 2.65 0.34 2.99 221.24 28.76 250.00 132.74 17.26 150.00 13.27 1.73 15.00 8.85 1.15 10.00 $ Fee $ HST $ Total 17.70 2.30 20.00 0.17 0.02 0.19 $ Fee $ HST $ Total 22.12 2.88 25.00 35.40 4.60 40.00 $ Fee $ HST $ Total No charge No charge No charge 44.25 5.75 50.00 Research request/first hour Research request - additional research/hour Digital Image Photocopy (black & white) Membership Individual membership/year Family membership/year Other Photographic Reproductions School Program (approx. 90 minutes)/student School - self guided tour/student 45 minute museum or Battlefield experience (school)/student 45 minute museum or Battlefield experience (group)/person 90 minute museum or Battlefield experience (school)/student 90 minute museum or Battlefield experience (group)/person Additional Tour of Battle Ground Hotel/person Full day Educational Outreach Half day Educational Outreach Full day School Program Half day School Program Educational Programs (minimum 15 participants) Recreation, Culture & Facilities Niagara Falls History Museum Attendance Adults (20+) Students (6-19 years old or with valid ID) 5 years old and under Virtual School Educational Tour Family (up to 5 people - maximum 3 adults) Virtual Tour Group Battle Ground Hotel Museum & Willoughby Historical Museum Admission by donation Customized Virtual School Educational Tour Historic Walking Tours (Adult) Historic Walking Tours (Student) Historic Walking Tours (Family) 39DRAFT Page 103 of 129 Page 139 of 546 Museum Fee Schedule $ Fee $ HST $ Total 60.00 7.80 67.80 110.00 14.30 124.30 60.00 7.80 67.80 110.00 14.30 124.30 $ Fee $ HST $ Total 35.00 4.55 39.55 80.00 10.40 90.40 35.00 4.55 39.55 80.00 10.40 90.40 Community Makers are Niagara Regional Not-for-Profit organizations or Niagara Regional based artists putting on an event that is artistic in nature (Performance Art, Workshop, Presentation, etc.). This does not include trade shows or retail events unless artistic in nature. Public must be invited. Minimum of 2 hour rentals in the Museum $ Fee $ HST $ Total 75.00 9.75 84.75 125.00 16.25 141.25 Niagara Falls Hydro Corporation Courtyard/hour Other Dishes (0-30 ppl) Dishes (31+ppl) Niagara Falls Hydro Corporation Courtyard/hour after operating hours Sherman Zavitz Theatre/hour after operating hours Community Maker Rentals Sherman Zavitz Theatre/hour Niagara Falls Hydro Corporation Courtyard/hour after operating hours Recreation, Culture & Facilities Rentals Sherman Zavitz Theatre/hour Sherman Zavitz Theatre/hour after operating hours Niagara Falls Hydro Corporation Courtyard/hour 40DRAFT Page 104 of 129 Page 140 of 546 Niagara Falls Exchange $ Fee $ HST $ Total 116.15 15.10 131.25 162.61 21.14 183.75 603.98 78.52 682.50 836.28 108.72 945.00 929.21 120.80 1,050.01 1,393.80 181.19 1,574.99 1,858.41 241.59 2,100.00 557.52 72.48 630.00 1,022.12 132.88 1,155.00 185.84 24.16 210.00 44.25 5.75 50.00 $ Fee $ HST $ Total 20.00 2.60 22.60 40.00 5.20 45.20 75.00 9.75 84.75 420.00 54.60 474.60 670.00 87.10 757.10 780.00 101.40 881.40 1,280.00 166.40 1,446.40 1,780.00 231.40 2,011.40 44.25 5.75 50.00 $ Fee $ HST $ Total 398.23 51.77 450.00 26.55 3.45 30.00 $ Fee $ HST $ Total 265.49 34.51 300.00 26.55 3.45 30.00 Market Stall/daily Cost to replace lost access key Farmers' Market - Saturdays Summer/Fall (May-October) Market Stall/season Market Stall/daily Market Stall/season Farmers' Market - Saturdays Winter/Spring (November-April) Six months 10 x 10 with storage Recreation, Culture & Facilities Artist Studio Membership Rates & Other Fees Monthly 10 x 10 Monthly 10 x 10 with storage Six months 10 x 10 Commericial Membership (see website for restrictions) Weekly Woodworking Shop Membership Rates & Other Fees Daily Annual 10 x 10 Annual 10 x 10 with storage Annual 20 x 10 Annual Hotdesk Cost to replace lost access key Annual Hotdesk with storage Monthly Six Months Six Months with storage Hotdesk (3 months) Annual with storage Annual 41DRAFT Page 105 of 129 Page 141 of 546 Niagara Falls Exchange $ Fee $ HST $ Total 100.00 13.00 113.00 125.00 16.25 141.25 150.00 19.50 169.50 175.00 22.75 197.75 50.00 6.50 56.50 75.00 9.75 84.75 50.00 6.50 56.50 75.00 9.75 84.75 100.00 13.00 113.00 300.00 39.00 339.00 $ Fee $ HST $ Total 60.00 7.80 67.80 85.00 11.05 96.05 110.00 14.30 124.30 135.00 17.55 152.55 30.00 3.90 33.90 50.00 6.50 56.50 30.00 3.90 33.90 50.00 6.50 56.50 200.00 26.00 226.00 200.00 26.00 226.00 100.00 13.00 113.00 250.00 32.50 282.50 Community Makers are Niagara Regional Not-for-Profit organizations or Niagara Regional based artists putting on an event that is artistic in nature (Performance Art, Workshop, Presentation, etc.). This does not include trade shows or retail events unless artistic in nature. Public must be invited. Minimum of three (3) hour rentals of the Market Hall $ Fee $ HST $ Total 10.00 1.30 11.30 20.00 2.60 22.60 100.00 13.00 113.00 5.00 0.65 5.65 300.00 39.00 339.00 5.00 0.65 5.65 50.00 6.50 56.50 75.00 9.75 84.75 100.00 13.00 113.00 Indoor stage rental Community Makers Rentals Market Hall/hour Market Hall with patio/hour Wilma Morrison Courtyard/hour Wilma Morrison Courtyard/hour after operating hours Historic Drummondville Square/hour Historic Drummondville Square/hour after operating hours Studio Gallery/month Atrium Gallery/month Market Hall/day after operating hours Market Hall with patio/hour after operating hours Historic Drummondville Square/hour Historic Drummondville Square/hour after operating hours Parking Lot/hour Indoor stage rental Parking Lot/hour Wilma Morrison Courtyard/hour after operating hours Recreation, Culture & Facilities Rentals Market Hall/hour Market Hall/day after operating hours (and statutory holidays) Wilma Morrison Courtyard/hour Market Hall with patio/hour Market Hall with patio/hour after operating hours Other Corkage Fee Labour for corkage fee/hr/person Comfort Lounge Rental (per set - couch, 2 chairs, 1 table) Linens rental (table cloths, napkins, overlays)/item Roller skate rental - up to 40 participants One Day Parking Passes for area parking Pipe & Drape/one time charge Games package (includes 2 cornhole games & giant jenga) Wedding Alter 42DRAFT Page 106 of 129 Page 142 of 546 CITY OF NIAGARA FALLS By-law No. 2025 – 035 A by-law to amend By-law No. 2024-045 the Administrative Penalties (Non-Parking) By- law, to include administrative penalties for Owner Occupied Short-Term Accommodations. WHEREAS Section 434.1 of the Municipal Act, 2001, S.O. 2001, c. 25 (the “Municipal Act”) authorizes a municipality to require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with a by-law of the municipality passed under the Municipal Act, in order to assist the municipality in promoting compliance with its by-laws; AND WHEREAS the Council of the City of Niagara Falls passed the Administrative Penalties (Non-Parking) By-law (By-law No. 2024-045) on April 30, 2024 to designate certain by-laws, or parts of such by-laws, to which administrative penalties under section 434.1 of the Municipal Act shall apply; AND WHEREAS the Council of the City of Niagara Falls approved Official Plan Amendment 180 and Zoning By-law No. 2025-032 on July 8th, 2025 to allow for Owner Occupied Short-Term Rentals within the City of Niagara Falls; AND WHEREAS the Council of the City of Niagara Falls considers it desirable to amend by-law 2024-045 to include the application of administrative penalties under section 434.1 of the Municipal Act in relation to Owner Occupied Short-Term Accommodations; AND WHEREAS it is deemed desirable to amend By-law No. 2024-045 accordingly, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That PART II – DEFINTIONS of By-law No. 2024-045 is amended by adding the following definitions alphabetically: i. "Owner Occupied Short-Term Accommodation" means an Owner Occupied Short-Term Rental or a Bed and Breakfast but shall not include a Vacation Rental Unit; ii. “Owner Occupied Short-Term Rental” means a home occupation in a dwelling unit within or accessory to a Principal Residence that is rented out by the Owner to a single group of the travelling public for a period of 28 consecutive days or less and is licensed by the City of Niagara Falls to carry out a business;” DRAFTPage 107 of 129 Page 143 of 546 2. That Schedule A of By-law No. 2024-045 be repealed and replaced with Schedule A attached to this by-law. 3. All other applicable provisions and regulations set out in By-law No. 2024-045 shall remain the same and shall continue to apply, with the necessary changes in detail. 4. That the City Clerk is authorized to effect any minor modifications, corrections or omissions solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law after the passage of this by-law. 5. This By-law will become effective the day following the final day of appeal of Official Plan Amendment No. 180 and Zoning By-law No. 2025-032, provided no appeals are received. Read a First, Second and Third time; passed, signed and sealed in open Council this 8th day of July, 2025. ....................................................................... .................................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR DRAFTPage 108 of 129 Page 144 of 546 SCHEDULE “A” CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW DESIGNATED BY-LAW PROVISIONS General Prohibitions and related Administrative Penalties (for all Designated By- laws): Failing to comply with an order. $500 Preventing, hindering or obstructing an Officer. $400 Attempting to hinder or obstruct an Officer. $400 Hinder or obstruct any person exercising power or duty under the Designated By-law. $400 Attempt to hinder or obstruct any person exercising power or duty under the Designated By-law. $400 NOISE CONTROL BY-LAW NO. 2004-105 (as amended by By-law No. 2005-73, By- law No. 2007-28 and By-law No. 2014-155) For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Noise Control By-law No. 2004-105, as amended, that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administ rative Penalty General Prohibition 1 Section 2 Cause or permit noise or vibration disturbance that interferes with peaceful enjoyment. $300 DRAFTPage 109 of 129 Page 145 of 546 Section 3, Schedule 2 Specific Prohibitions 2 Subsection 1. Revving of an engine or motor. $300 3 Subsection 2. Operation of a motor vehicle in such a way that the tires squeal. $300 4 Subsection 3. Operation of a motor vehicle, engine, motor, construction equipment or pneumatic device without an effective exhaust, intake-muffling or other sound attenuation device, which device is in good working order and in constant operation. $300 5 Subsection 4. Operation of a conveyance or a motor vehicle, with or without a trailer, resulting in banging, clanking, squealing or other sounds due to improperly-secured loads or equipment, or inadequate maintenance. $300 6 Subsection 5. Operation of a motor vehicle horn or other warning device except where required or authorized by law or in accordance with good safety practices. $300 Section 4.1, Schedule 3 Time and Activity Prohibitions 7 Subsection 1. Persistent barking, whining, calling or other similar sound made by any domestic pet or other animal kept or used for any purpose other than agriculture, at any time. $300 8 Subsection 2. Persistent yelling, shouting, screaming, whistling, hooting or singing, at any time. $300 9 Subsection 3. Activation of a security alarm resulting in sound for a duration in excess of five minutes, at any time. $300 10 Subsection 4. Operation of construction equipment in connection with construction between 7:00 p.m. one day and 7:00 a.m. the next day, 9:00 a.m. on a Holiday. $300 DRAFTPage 110 of 129 Page 146 of 546 11 Subsection 5. Operation of any power device or non-power device or tool for domestic purposes, except snow blowers, between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday. $300 12 Subsection 6. Operation of solid waste, refuse or recyclable bulk-lift or refuse-compacting equipment between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 13 Subsection 7. Operation of an engine or motor which is used in or is intended for use in, a toy or a model or replica of any device, which toy, model or replica has no function other than amusement and which is not a conveyance, between 9:00 p.m. one day and 7:00 a.m. the next day, 9:00 a.m. on a Holiday. $300 14 Subsection 8. Vehicle repairs, between 9:00 p.m. one day and 7:00 a.m. the next day, 9:00 a.m. on a Holiday. $300 15 Subsection 9. The loading, unloading, delivering, packing, unpacking or otherwise handling of any containers, products or materials between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 16 Subsection 10. The use of any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electro-mechanical transducers and intended for the production, reproduction or amplification of sound between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 17 Subsection 11. The playing of music between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 CLEAN YARD BY-LAW NO. 2007- 41 DRAFTPage 111 of 129 Page 147 of 546 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Clean Yard By-law No. 2007- 41 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2(1) Failure to keep drain in operative state. $250 2 Section 2(2) Failure to alter drain as required. $250 3 Section 3 Throw or deposit refuse on private or public land. $250 4 Section 4 Failure to provide sanitary disposal of sewage and drainage. $250 5 Section 5(1) Failure to keep land free and clear of refuse. $250 6 Section 5(2) Failure to cover refuse as may be prescribed by the Manager in writing. $250 7 Section 6 Storing vehicle for wrecking or dismantling them, or salvaging parts for sale or other disposal. $250 8 Section 7 Parking or storing any vehicles on non- surfaced parking area. $250 9 Section 8 Grass not kept less than 20 cm in height. $250 DRAFTPage 112 of 129 Page 148 of 546 10 Section 14(2) Fail to comply with an Order. $500 REGULATE AND LICENSE VACATION RENTAL UNITS AND OWNER OCCUPIED SHORT-TERM ACCOMODATIONS BY-LAW NO. 2001-31 (as amended by By-law No. 2021-57 and further amended by By-law No. 2021-99 and By-law No. 2025-033) For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Regulate and License Vacation Rental Units and Owner Occupied Short-Term Accommodations By-law No. 2001-31, as amended, that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. (d) All Administrative Penalty amounts in this section are per diem, meaning that they are charged once per day of a continuing contravention. Item Column 1 Designated Provision (By-law 2021-57) Column 2 Short Form Wording Column 3 Administrative Penalty 1 2.3 Own or operate, or permit the operation of a Vacation Rental Unit without a current valid licence. $1000 per diem 2 2.4 Own or operate, or permit the operation of an Owner Occupied Short-Term Accommodation without a current valid licence. $1000 per diem 3 2.5 Own or operate a Vacation Rental Unit or an Owner Occupied Short-Term Accommodation other than in accordance with the terms and conditions of a licence, the terms and conditions of this By-law. $1000 per diem DRAFTPage 113 of 129 Page 149 of 546 4 2.6 Advertise, promote, broker, or offer for rent or lease a Vacation Rental Unit without a current valid licence. $1000 per diem 5 2.7 Advertise, promote, broker, or offer for rent an Owner Occupied Short-Term Accommodation without a current valid licence. $1000 per diem 6 2.8 Alter or modify or permit the alteration or modification of a licence. $1000 per diem 7 2.9 Use or attempt to use a licence issued to another Person. $1000 per diem 8 2.10 Own, operate or carry on any business in any other name other than in the name that appears on the licence. $1000 per diem 9 2.11 Knowingly makes a false statement in an application, declaration, affidavit or paper writing required by By-law or the City. $1000 per diem 10 2.12 Contravene any provision set out in this By- law, any other municipal by-law, federal or provincial Act, statute, or any other legislation applicable to the licensed premises. $1000 per diem + one-time charge of all legal fees and disbursements incurred by the City in any resulting prosecution 11 2.13 Remove an order or placard posted on the premises under this By-law, except an Officer. $1000 per diem 12 2.14 Own, operate or carry on any business while a licence is under an administrative suspension. $1000 per diem 13 2.15 Discriminate against any member of the public in the carrying on, conducting or operating of an Owner Occupied Short- Term Accommodation or a Vacation Rental $1000 per diem DRAFTPage 114 of 129 Page 150 of 546 Unit on the basis of race, colour, creed, gender or sexual orientation. PROPERTY STANDARDS BY-LAW 2015-101 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Property Standards By-law 2015-101 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty Section 2.1 Maintenance of Yards and Exterior Paths of Travel 1 Section 2.1.1 No yard shall contain dilapidated, collapsed or partially constructed structures which are not currently under construction. $350 Section 2.3 Retaining Walls and Accessory Structures 2 Section 2.3.1 All retaining walls and accessory buildings shall be kept in good repair and free from health and safety hazards and shall be protected by paint, preservative or other weather resistant material. $350 Section 2.4 Pest Prevention DRAFTPage 115 of 129 Page 151 of 546 3 Section 2.4.1 All buildings shall be kept free of conditions that would permit or cause an infestation of rodents, vermin and insects. Methods used for exterminating rodents, vermin or insects shall be in accordance with the provisions of the Environmental Protect Act, the Pesticides Act and any other applicable regulations, acts or municipal by-laws. $350 Section 3.5 Heating and Cooling Systems 4 Section 3.5.1 Every dwelling unit shall be provided with a heating system capable of continuously maintaining an indoor air temperature of not less than: (1) 22°C [72°F] in all habitable rooms and interior living spaces (excluding attached garages); (2) 22°C [72°F] in unfinished basement spaces; and (3) 15°C [59°F] in heated crawlspaces. $350 Section 7.2 Landlord Responsibilities 5 Section 7.2.1 Every landlord shall provide adequate vital services to each of the landlord’s occupied residential rental units, and no landlord shall cease to provide a vital service for a residential rental unit if it is occupied by the tenant. $500 Section 9.1 Obligations and Prohibitions 6 Section 9.1.1 No Owner or occupant of property shall use, occupy, allow, permit or acquiesce in the use or occupation of the property unless such property conforms to the standards prescribed in this by-law. $450 7 Section 9.1.2 No person, being the Owner, tenant or occupant of a property, shall fail to maintain the property in conformity with the standards required by this by-law. $450 DRAFTPage 116 of 129 Page 152 of 546 8 Section 9.1.7 Failure to comply with an Order under this by- law. $500 PUBLIC NUISANCE BY-LAW NO. 2009-73 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Public Nuisance By-law No. 2009-73 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2.1 Urinate/defecate/vomit/spit in a public place $500 2 Section 2.2 Knock over a Canada Post mailbox / newspaper box / bench / fence/ blue box / garbage can or other structure or object in a public place $400 3 Section 2.2 Attempt to knock over a Canada Post mailbox / newspaper box / bench / fence / blue box / garbage container or other structure or object in a public place $400 4 Section 2.3 Loiter in a public place $500 5 Section 2.4 Participate in a fight in any public place $500 DRAFTPage 117 of 129 Page 153 of 546 6 Section 2.5 Mark or apply graffiti on any public place, including signs, or private property $500 7 Section 2.6 Leave / throw / deposit any bottles / glass or other materials on public or private property $500 8 Section 2.7 Cause, permit or allow large doors or garage type doors of premises serving alcohol to remain open after 11:00pm $450 CONSOLIDATED LICENSING BY-LAW NO. 2001-31 PROHIBITIONS AGAINST ILLEGAL PEDDLING & SOLICITATION For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Consolidated Licensing By- law No. 2001-31 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 3 Operate any trade, calling, business or occupation without a licence. $500 2 Schedule 11, Section 8(5) Solicit on a highway on behalf of a commercial parking lot $500 REQUIRE ADEQUATE HEAT – RENTAL – BY-LAW NO. 93-242 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Require Adequate Heat – Rental - By-law No. 93-242 that are hereby designated for the purposes of section 434.1 of the Municipal Act; DRAFTPage 118 of 129 Page 154 of 546 (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2 Failure to provide adequate and suitable heat in a dwelling unit. $500 CONTROL IDLING OF VEHICLES BY-LAW NO. 98-217, as amended by BY-LAW NO. 99-217 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Control Idling of Vehicles By- law No. 98-217 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2(1) Permit vehicle to idle longer than 3 minutes $350 PLAYING OF BAND AND MUSICAL INSTRUMENTS ON CITY PROPERTY, BY-LAW NO. 99-16 DRAFTPage 119 of 129 Page 155 of 546 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Playing of Band and Musical Instruments on City Property By-law No. 99-16 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2 Playing a musical instrument on a highway, park or public place $450 SWIMMING POOL BY-LAW NO. 2014-58 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Swimming Pool By-law No. 2014-58 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty DRAFTPage 120 of 129 Page 156 of 546 1 Section 2.1.1 No person shall excavate for, or erect, or cause or permit excavation for, or erection of, any outdoor swimming pool and/or swimming pool enclosure without first obtaining a permit from the Chief Building Official. $400 2 Section 3.1.1 An outdoor swimming pool or private spa shall not be located within any front yard. $200 3 Section 3.1.2 (residential) An outdoor swimming pool shall have no interior wall surface located within 1.8m [5.9 ft.] of the main wall of any dwelling on such lot or on any adjoining lot. $250 4 Section 3.2.1 (non- residential) An outdoor swimming pool shall have no interior wall surface located within 1.8m [5.9 ft.] of the main wall of any primary building on such lot or on any adjoining lot. $250 5 Section 4.1.1 The owner of any lands on which an outdoor swimming pool is located or erected shall erect a swimming pool enclosure around the entire swimming pool area, in accordance with the provisions of this by-law. $400 6 Section 4.1.2 The height of a swimming pool enclosure required by this by-law shall be a minimum of 1.07m [42 in.] in height, as measure from ground level at the exterior face of the enclosure. $350 7 Section 4.5.4 No person shall keep an outdoor swimming pool or private spa unless it is maintained in good repair and working condition. $250 8 Section 4.5.5 No person shall cause or permit an outdoor swimming pool or private spa to contain standing water for a period in excess of three (3) days. $250 FENCE BY-LAW NO. 2005-70, as amended by BY-LAW NO. 2014-153 For the purpose of PART III of this By-law: DRAFTPage 121 of 129 Page 157 of 546 (a) Column 1 in the following table lists the provisions in the Fence By-law No. 2005-70, as amended by By-law No. 2014-153 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 3.1 No person shall erect, or caused to be erected, or maintain or cause to be maintained, any fence within the municipality unless such fence is a lawful fence. $350 2 Section 4.1 No fence shall be maintained, or caused to be maintained, in a damaged or disrepaired state of condition by reason of fire, decay or otherwise and all fences shall be constructed or caused to be constructed in a sound manner and shall be straight and true. $350 3 Section 6.1 Subject to section 5 of this By-law, no fence of a height greater than 1 metre above the adjoining ground level, shall be erected or maintained, or caused to be erected or maintained, in any front yard, provided, however, that the portion of any such fence erected or maintained along the side or rear lot line of the rear yard of any adjoining property may be of a height not greater than 2.5 metres. $300 4 Section 7.1 Subject to section 5 of this By-law, no fence of a height greater than 2.5 metres above the adjoining ground level, shall be erected or $300 DRAFTPage 122 of 129 Page 158 of 546 maintained, or caused to be erected or maintained, in any rear yard, provided, however, that the portion of any such fence erected or maintained along the side lot line of the front yard of any adjoining lot shall not be of a height greater than1 metre unless such fence is erected or maintained in the rear yard of a corner lot along the side lot line of the front yard of an adjoining property, in which case the fence may be erected or maintained to a height not greater than 2.5 metres. SIGN BY-LAW NO. 2021-24 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Sign By-law No. 2021-24 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 3.3.1 Except for signs referred to in section 3.5.1, no person shall erect, display or maintain a sign on private property unless a permit is obtained under the provisions of this By-law prior to the erection for that sign. $450 2 Section 3.6.1 Any sign not expressly permitted by this By- law is prohibited and without limiting the $400 DRAFTPage 123 of 129 Page 159 of 546 generality of the foregoing, the following signs are specifically prohibited: (a)A sign located on or over public property; (b)Bench sign; (c)A sign located so as to obstruct the view of any pedestrian or motorist so as to cause an unsafe condition; (d)A sign attached to or displayed on a vehicle or trailer which is parked or located for the primary purpose of displaying the sign or advertisement; (e)A sign which obstructs or is located in a parking space that is required to enable the premises upon which the portable or temporary sign is located to comply with the requirements of a City of Niagara Falls Zoning By-law; (f)A sign located in a daylight triangle; (g)An inflatable sign; (h)No sign located within 30 metres of an intersection shall contain any green or red lettering or graphics that are illuminated or flashing; (i)Any sign which violates in any way any statute, regulation or by-law of the Government of Canada, the Province of Ontario, the Region or the City. 3 Section 4.1 No sign shall be located so as to obstruct the view of the movement of traffic or pedestrians upon any street or railway crossing to persons using or seeking to use the street or railway crossing or of the view of any traffic signal located on or near the street, lane, highway or railway crossing. $400 4 Section 4.2 Except where otherwise permitted, no sign shall be fixed, attached to or painted onto a fence, board, tree, transit shelter, splash $400 DRAFTPage 124 of 129 Page 160 of 546 guard, safety or guard rail, utility pole, street furniture, trash or recycling bin. 5 Section 4.7 A sign must be located or displayed at a location where that type of sign is permitted and must comply with the regulation applicable to that type of sign in that location. $350 ANIMAL CONTROL BY-LAW NO. 2019-35 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Animal Control By-law No. 2019-35 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes; (e) The provisions listed below are only a select few of the set fine provisions from Schedule G of the Animal Control By-law No. 2019-35. The balance of the set fine provisions from the By-law that are not specifically referred to below in the Penalty provisions continue to apply and will undergo the enforcement provisions of the said By- law. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 3.1.1 Failing to register a dog with the City. $100 2 Section 3.4 Failing to renew a dog registration with the City. $100 DRAFTPage 125 of 129 Page 161 of 546 3 Section 3.16 Permitting a dog to run at large $150 4 Section 3.32 Permitting a dog to (bite/attack/chase) a person $250 5 Section 3.32 Permitting a dog to (bite/attack/chase) an animal $250 6 Section 3.34 Failing to comply with a notice respecting a dangerous dog $500 7 Section 3.40 Failing to immediately remove dog feces $100 8 Section 3.42 Keeping more than three (3) dogs over ten (10) weeks of age on a premises $150 9 Section 4.16 Permitting livestock to run at large $300 10 Section 4.38 Owner-(allow/permit) persistent barking by any domestic pet $200 11 Section 4.38 Owner-(allow/permit) persistent whining by any domestic pet $200 12 Section 4.38 Owner-(allow/permit) persistent calling by any domestic pet $200 13 Section 4.39 Owner- fail to comply with Regulations in Schedule “D” as it pertains to the keeping of Chickens $250 14 Section 4.42 Permitting a cat to run at large $150 15 Section 4.51 (Keep/Permit to be kept/Harbour) more than three cats on a premises $150 16 Section 5.4 Obstructing an officer in the execution of (his/her) duties $300 DRAFTPage 126 of 129 Page 162 of 546 CITY OF NIAGARA FALLS By-law No. 2025-036 A by-law to amend By-law No. 2025-072 to include Owner Occupied Short-Term Rental as an Accommodation Property to be subject to a Municipal Accommodation Tax. WEREAS the Council of the City of Niagara Falls passed a By-law No. 2025-072 to impose a Municipal Accommodation Tax in respect of the purchase of transient accommodation within the City of Niagara Falls; AND WHEREAS the Council of the City of Niagara Falls approved Official Plan Amendment 180 and Zoning By-law No. 2025-032 on July 8th, 2025 to allow for Owner Occupied Short-Term Rentals; AND WHEREAS the Council of the City of Niagara Falls considers it desirable to amend By-law No. 2025-072 to include Owner Occupied Short-Term Rentals as an additional class of short-term accommodations, NOW THEREFORE the Council of the Corporation of the City of Niagara Falls enacts as follows: 1) That SECTION 1, Definitions of By-law No. 2025-072 is amended by deleting Subsection 1.1.2(1) and replacing it as follows: “1.1.2(1) a hotel, motel, inn, bed and breakfast, owner occupied short-term rental, whole home vacation rental, vacation rental unit or other such lodging; and” 2) All other applicable provisions and regulations set out in By-law No. 2025-072 shall remain the same and shall continue to apply, with the necessary changes in detail. 3) This By-law will become effective the day following the final day of appeal of Official Plan Amendment No. 180 and Zoning By-law No. 2025-032, provided no appeals are received. Read a First, Second and Third time; passed, signed and sealed in open Council this 8th day of July, 2025. ....................................................................... .................................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR DRAFTPage 127 of 129 Page 163 of 546 Illgllm;\\Q\\ Niagara Falls State Park § 6cu::-c‘< 9 Licensed Bed &Breakfasls 0 Zoning By-Iaw 395-1966 B8t 3':Permitted Zoning By-Iaw 1538 (1958) -B a.3'5 Permitted Zoning By-Iaw 79—200-B8.3'5 Permitted W Locations of Licensed Bed and Breakfasts Niagara?alls.‘AUTHOR:jleitcht\?\I)\DATE:4/16/2025 Thls data Is provlded 'as Is'and lhe anyorNlagara Fails (the City)makes no representatrons or warrantres,express or rmptred,as tn the accuracy or compleleness oi the data The maps and drawmgs contamed herern are Inlended for general iayoul purposes oniyand sheli not be considered as omaai biansordrewrngs.Forfurther Iniormelron,piease conrad the City The City shall not be held liable for special,incidental,consequential or Indirect damages anslng «out meuse ortrus data Users assume annshs muslng thrs data No part orthese drgllal Images,or rhrormauon,orhardcopies made imm them may be reproduced and/ordlslnbuled wlthoutthrs drsctarmer, PATH:KI\GIS_RequesT5\ZOZ5\Cush:m\PlannIng\BB_Loca?ons\BB_Loratlon53er Page 128 of 129 Page 164 of 546 MountamRd / ><a is”/ CL g /a Z r / /4&9“;/ ”9/?\[paw \5 y \“I Ino \e '‘\ R .w; 57/Morrisonst .f/ 88aVerdemsRd P‘dJSUIEE) Egg F.0 .l' 0 rr . Lundy's Ln ./ ( >3 \ce ‘~~e A ~\I E ‘\c U ‘x5,,"I.NIAGARA RIVER \~«:7 L —‘~ McLeodRd I I e 2 7Ua D Brown Rd QEW‘t \E ‘3 0 m ’0~Qm I e Wembrenner RdRd02$L E e 7’ w"=2oge—: 2 98‘WvllvckRd g e mo7 d 0“”3‘g Licensed Vacation Rental Units 0 Zoning By-law 79-200 Licensed Vacation Rental Units 0 5 01,000 2,000 3,000 4,000 Tourist Commercial /Location of Licensed Vacation Rental Units NiagaraFuHs AUTHOR:jleitcht\N \u \DATE:4/16/2025 ans data rsprcvlded ”as Is"and tne Clly of Nragara Fans (the any)makes no representatrens er warrantres,express or rmptred,as to the accuracy or completeness ettne data The maps and drawrngs centerned neremare rntended lor general tayput purposes enty and snaunot be consrdered as ptncrat ptans er drawrngs For turtner Inlormallon‘ptease contact the Crty The Crty shalt not be held [table tor speclal,rncrdentat,censequentral er rndrrect damages anslng lrcm tne use ettnrs data Users assume anrlsks In uslng tnrs date No part ettnese drgrtelImages‘cr rntermatrdn,ornerdcepres made trom tnem may be reproduced and/er drstnputed wrtnouttnrs dlsdalmer PATH:K:\GIs,Requests\z025\Custorn\PIanning\VRU,Locetionswkudocationseprx \ Page 129 of 129 Page 165 of 546 Outlook [EXTERNAL]-Fw: Owner Occupied Short Term Rentals From Dave Barber < > Date Fri 11/8/2024 12:59 PM To kgoerz@niagarafalls.ca <kgoerz@niagarafalls.ca> Hello, Someone from the City of NF menoned that I could send this to you as the email originally provided was not working. Please see below. Are you able to make sure this is sent to the appropriate place? Thanks very much. Dave Barber From: Dave Barber Sent: November 7, 2024 7:38 PM To: oostr@niagarafalls.ca <oostr@niagarafalls.ca> Subject: Fw: Owner Occupied Short Term Rentals   Hi, I think my email is not going through as I received an alert aer I sent it. Please see my note below. I am hoping it will work this me. I appreciate very much. From: Dave Barber Sent: November 7, 2024 7:36 PM To: oostr@niagarafalls.ca <oostr@niagarafalls.ca> Subject: Owner Occupied Short Term Rentals   Hi, I live at , in Niagara Falls. My family does not support Owner Occupied Short Term Rentals in residenal areas of the city. These types of businesses are meant for hotels and other types of commercial accommodaons. Lets leave the short term stays in these areas but not in our residenal spaces. Please do not allow this in our city. Thank you, Dave Barber CAUTION: This email originated from outside of the organizaon. Do not click links or open aachments unless you recognize the sender and know the content is safe. E> Page 166 of 546 Outlook [EXTERNAL]-Fwd: Owner Occupied short term rental From Jason Coxon < > Date Wed 12/18/2024 9:34 AM To oostr@niagarafalls.ca <oostr@niagarafalls.ca> ---------- Forwarded message --------- From: Jason Coxon > Date: Mon., Dec. 16, 2024, 8:20 p.m. Subject: Owner Occupied short term rental To: <oostr@niagarafall.ca> Hello, I attended the information meeting on Dec 9th at the MacBain Center. Question #1 (Important to consider)     The term homeowner needs to be a selection of approved people by the owner of the property. Too many families can't afford a home and have their children and or parents / adults living with them. The owner of the property selects and determines who can represent them not decided by the City of Niagara Falls. Family dynamics have changed and lots of owners have adults living. Could be their own parents or their own children that have full time jobs paying taxes and living at home trying to save up enough to make the next big step in life. The City of Niagara Falls needs to allow 4-6 adults that need to be placed on a delegate contact secondary to the official owner of the property.    What is the expectation as most of these buildings have already passed a basic building inspection and may have electrical service, sewer and water hook up that comes off the main supply of the primary resistance. Are there plans for there to be a "Grandfather clause" that was allowed during that age of construction. It would be a financial undue hardship if the entire secondary resistance needs to be updated to the newest building codes to be HVAC, Insulation, fire protection as it relates to apartments sharing the same wall. Most of these structures were built with a permit with the City many years ago and were classified as "extended dwelling" on the property.   I am so glad the City is looking into this as an option to allow property owners the ability to do this, but making this into a City tax and fee money grab for the ones that follow the rules and the process if wrong. It needs to be easy, efficient, makes financial sense for all parties.    Question #2 (Proposed Conditions) I think this is an issue, but student housing is a major issue that is not being addressed and anyone can buy a home and rent it out for a criminal amount of money.  E> Page 167 of 546 It must be up to the homeowner if there are (2) resistance on the property; both could be rented at the same time at different times, as the owner sees fit to the situation. The owner has the right to rent out the primary resistance to a family during the summer months to enjoy the pool and backyard vacation spot and the owner could live in the secondary dwelling.  The  flip side could be that a tragic or other family setback happens and the owner wants to only rent out the secondary resistance.  The building department / bylaw office needs to take everything into consideration as it costs a huge amount of upfront costs to get all the permits and licences and homeowners need to know these estimated costs to determine if it makes financial sense.  Rental and housing is at an all time high and home inspections are completed if you purchase a home but only using it as a bargaining chip in the bidding process. Ask yourself why would anyone go through all these issues if they can rent the property by word of mouth and rentals to friends and family.  You don't have  the resources on the ground to manage this, you only have the resources to react to the bad actors and worst cases. Why would anyone report an issue if it meant them losing out of a home / rental place in this market. What benefits would the owner have other than the threat of not being fined if they are caught, because I was raised that if you treat everyone like you want to be treated fairly and honestly with respect. There is never a problem. As long as the owner has a great selection process and does their due diligence there is never a problem. If a landowner can make some extra money by doing a rental property they have that right. Everyone has a different standard of living and the City does not have the right to determine that standard with the amount of homeless in the City. The criminal part comes with the cost that some people are charging because it is simple supply and demand. Students will pay 800 per month for a 8' x10' room and share everything else.  Thank you for your consideration Jason CAUTION: This email originated from outside of the organizaon. Do not click links or open aachments unless you recognize the sender and know the content is safe. Page 168 of 546 Outlook [EXTERNAL]-In support of allowing owner occupied short term rental From Teresa < > Date Tue 2/11/2025 2:48 PM To Kgoerz@niagarafalls.ca <Kgoerz@niagarafalls.ca> Hello, I support the decision to allow owner occupied short rental units. It will allow owners to rent out a portion of their home in these trying economic times. Thank you, Tereza Safarian CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. E> Page 169 of 546 Outlook [EXTERNAL]-OOSTR suggestion From Stefan Avdjiyski < > Date Mon 12/9/2024 10:16 PM To oostr@niagarafalls.ca <oostr@niagarafalls.ca>; Hi, Thank you for doing the open house at McBain centre. I support 100% the owner occupied short term rentals in Niagara Falls. The pracce proved already that if the owner lives on the property he controls it and there are way less complains from neighbors. I would like to bring something to your aenon about the number of self contained units in residenal areas. Keep in mind there are quite a few legal triplexes with 3 self contained units. I Believe in that case if the owner lives on the property in 1 of the units he should be allowed to do 2 OOSTRs in the other 2 units. I don't see a reason why only 1 OOSTR if an owner has 2 more units in a LEGAL triplex and he lives on the property. Aer all he is paying the property tax and that would be taxable income. So my proposal is 1 OOSTR unit in a house, 2 OOSTRs in a legal triplex and why not 3 OOSTRs in a fourplex (not too many of them) if the owner lives in one unit on the property. Owners of triplexes and fourplexes are business oriented mostly and they should be given that opon. Please consider it! Thanks a lot for your aenon! STEFAN CAUTION: This email originated from outside of the organizaon. Do not click links or open aachments unless you recognize the sender and know the content is safe. E> Page 170 of 546 Outlook [EXTERNAL]-Owner Occupied Short Term Rentals From Cynthia Adams < > Date Mon 12/16/2024 11:12 PM To oostr@niagarafalls.ca <oostr@niagarafalls.ca> Hi Kailen, Here are some comments for consideration on the topic of owner occupied short term rentals. 1. Regarding the proposed requirement of the owner being required to be present throughout the rental period.   Consider revising this to be owner present or adult designate.  Owners should be allowed to rent out their property and still be able to travel for work (which can be required for both employees or as a business owner) or go on vacation.  The adult designate could either be a family member or a friend/company/person responsible for maintenance and upkeep during the owner's absence.   2.  Renting out the primary dwelling or the outbuilding.   Consider loosening the restrictions so the owner can make the choice which building on the property is rented.  The owner would still be responsible for care and upkeep of the property.  Consider the following scenario's: a) An elderly grandmother or an adult child are living in the outbuilding.  If the family in the primary residence goes away for 10 days on vacation, it would be a great opportunity to rent out the primary residence during that period.  In this case, the adult designate responsible for the house would be the grandmother or adult child.   b) If all the kids are off at University, the adults (empty-nesters) may choose to move into the outbuilding to rent out the primary residence.  I think the owners should be able to choose if they want to do this as a permanent scenario or a temporary scenario.   3.  Maximum occupancy of 3 rooms and 6 guests.   Consider increasing the number of rooms and guests to take into account that more families are travelling with elderly parents and/or a sibling and family or cousin and family.  This would easily increase the number of travelling people to 8 guests.  Consider increasing the number of rooms accordingly.  If the room doesn't have a bed, suggest that it shouldn't be counted towards the total number of rooms.  It seems the only reason to limit the number of rooms is to limit the size of the outbuilding for rent. 4.  Number of parking spaces Niagara is tight on residential parking.  It is understood that the drive is to reduce/eliminate the likelihood of renters parking on the road.  If the unit is being rented out as one unit, a 3 room unit (livingroom, kitchen/dining area, bedroom) only requires one additional parking space. Perhaps instead of linking the number of parking spaces required to the number of rooms, my suggestion is to link it to the number of guests staying in the unit.  If 2 - 6 people are staying in the unit, only 1 parking spot is required.  If 6 people are staying in the unit, 1 minivan still only requires 1 E> Page 171 of 546 parking spot.  Some minivans can hold 8 people with 2 seats in the front, 3 in the second row and 3 in the third row.  Suggest if you want a breaking point for a second parking space, use 6 - 8 people.         Thanks for hosting us all at the open house.  It's great to have this option open for consideration and I hope it is passed by council.  It will bring more business into Niagara.  People travelling often want the flexibility of a full kitchen in the unit, especially with such high inflation.  Owners may consider hiring a business to manage the rental aspect and a cleaning company.   Cynthia    CAUTION: This email originated from outside of the organizaon. Do not click links or open aachments unless you recognize the sender and know the content is safe. Page 172 of 546 Outlook [EXTERNAL]-Owner Occupied Short Term Rentals From Randy West < > Date Mon 12/9/2024 3:26 PM To oostr@niagarafalls.ca <oostr@niagarafalls.ca> Cc Lori Lococo <llococo@niagarafalls.ca> To whom this may concern, Please consider this my input towards your exploring of Short term Rentals. My name is Randy West and I am a resident living on Main St in Chippawa. I am in favour of allowing Owner Occupied Short Term Rentals in residential areas spread throughout the city. I fully realize that the overall concept of temporarily “renting” is off-putting to many.  The biggest reason likely for this is the fact that people rent elsewhere to have fun away from their normal residences, and “fun” usually means letting their hair down and being louder than they may be in their own residences. What is appealing to the idea of “Owner Occupied” is the fact that the owners will likely remain present during much of, if not all, of the time their are renting their property.  Nobody who lives in the residence they are renting are likely to want to put up with damages or outlandish actions or noise that could be far more possible in an unsupervised type of rental. The upsides to this type of occupancy are very clear and obvious.  Visitors and tourists will have more opportunity to find vacationing spaces very much similar to all of the comforts of home, which in itself may open tourist spending and savings to our local grocery markets and other retail opportunities.  Secondly, in this economy and with our aging residency, NOBODY can deny that a few dollars a few times per year could easily help with adding to the income of retirees and others who could use the boost to their budgets.  With property taxes and utility expenses forever on the rise, the looming threat of some homeowners nearing having to sell to survive becomes a true reality. Todays economy and housing shortages mixed upon the fact that even if housing is available, new home buyers can hardly afford the property taxes of a first home, let alone trying to find as much as a 20% downpayment for homes averaging a million dollars. Our industry is long gone and not looking to return…. We are a tourist town where tourists are looking to find what they can afford as they are tested in finding enough beds in one affordable room, as the family they travel in.  A short term rental can offer those choices that a high rise hotel simply can’t, which in turn can open doors to new levels of expanded affordable tourism to those who may otherwise find hotels out of reach. There is nothing wrong with shrinking your property with others. E> Page 173 of 546 There are far fewer “partiers” making such noise and destruction in Short Term Rentals than there ever will be longer term tenants who either can’t, or refuse to, pay their rent responsibilities on time.  Short Term is cash-in-hand and as reliable as the rental unit you are advertising to rent.  You rent crap…. People will stop coming. And you will be out of business.  You rent a part of your home and your neighbourhood will be a reflection of the best you can do with the presentation of your rental itself. Best regards Randy West , Niagara Falls, ON, CAUTION: This email originated from outside of the organizaon. Do not click links or open aachments unless you recognize the sender and know the content is safe. Page 174 of 546 Outlook [EXTERNAL]-Owner Occupied Short-Term Rentals- Comment From Mohammad Sheikholeslami < > Date Thu 12/12/2024 5:47 PM To oostr@niagarafalls.ca <oostr@niagarafalls.ca> Cc Hi Kailen, It was nice meeting you on the Public Open House on Dec 9th, 2024. Referring to the questions on the comment form, here are my comments Question 1: It is important to me that the City consider OOSTR, because it is in alignment with the government’s “Niagara Strategy” that recently announced by Premier Doug Ford. There will be new developments and changes in Niagara Region to attract more tourists. The city should be prepared and ready for new tourists with different expectations (traveling with pets, traveling in group/ multi-generational, accommodation with kitchen facilities, private swimming pool/hot tubes, etc.) Question 2: Regarding to the conditions of the proposal, I would suggest the followings: 1-Clarifying the owner and to include owner’s partner, kids, in-laws or siblings who live in the property. Nowadays we have houses with multi-generational occupants. They all are as responsible as the owner to take care of the STR. 2-Allowing a garage as a Parking Space. If a house has a garage and 2 parking spaces on the driveway (parallel), approve it as the parking space requirement for a 3-bedroom house. Question 3: In my onion, there are so many potentials and benefits of STR for the City, local businesses, tourists, neighborhood and home owners: The City: 1- A new and steady income due to annual license fee/renewal and MAT tax. 2- As STR are small businesses, the City can help to create new businesses with it’s current assets (no need for infrastructural investment in new roads/hydro lines/ sewer system and etc.) 3- Less calls for the by law officers to deal with unlicensed STR 4- As the STR should meet the SAFETY AND PREPAREDNESS requirements, so they are safer than regular houses Local businesses: 1- Bars, restaurants, grocery stores, etc. in Local streets can serve the tourists (the customers of the businesses in Victoria Ave are mostly local not tourists, even though they are between Clifton Hill and Queen St. 2- Accountants, insurance brokers, etc. to take care of business side of STR (highly paid jobs) 3- Interior designers, plumbers, electricians, carpenters, etc. to maintain and upgrade the SRT properties (highly paid jobs) E> Page 175 of 546 Tourists: 1- They have more option for accommodation to chose from 2- Tourists with pets, in a group or the ones who want more privacy have more options 3- Tourists may prefer to rent a licensed STR rather than an unlicensed STR Neighborhood: STR owners try to make their houses nice and appealing to their guests by: 1- Making sure their front yards have a nice landscape with followers, lights and other decorations 2- Their lawns are well maintained 3- Their driveways are neat and free from any garbage / leaves 4- Their driveways are free of snow and salted in the winter time These help to beatify and improve the neighborhoods STR home owners: It helps them to generate more income to pay for 1- Their kid’s higher education tuition 2- Their medications costs 3- Their ever increasing cost of living 4- Their mortgages, etc Regards Mohammad Sheikholeslami CAUTION: This email originated from outside of the organizaon. Do not click links or open aachments unless you recognize the sender and know the content is safe. Page 176 of 546   Owner Occupied Short-Term Rentals Comment Form Form Submission There has been a submission of the form Owner Occupied Short-Term Rentals Comment Form through your Let’s Talk Niagara Falls website. What is important to you about an Owner Occupied Short-Term Rental that you feel needs to be considered by the City? We don't want tourists in residential areas. What are your opinions on the proposed conditions for operating an Owner Occupied Short-Term Rental? I think it should be limited to certain parts of town if it is passed at all. There are a ton of empty hotel rooms any given day. I dont really see the need and think it could cause issues. What other ideas and opinions do you have about these potential uses? If it is going to pass (which I dont really think it should) please limit where they can be (closer to the tourist core is better). Name: Ellen Duffus-Salvatore Outlook [EXTERNAL]-Owner Occupied Short-Term Rentals Comment Form Form Submission FromLet’s Talk Niagara Falls <letstalk@niagarafalls.ca> Date Fri 12/13/2024 3:24 PM To oostr@niagarafalls.ca <oostr@niagarafalls.ca> E> lets tafkNIAGARAFALLS* Page 177 of 546 Email: To view all of this form's submissions, visit https://letstalk.niagarafalls.ca/index.php/dashboard/reports/forms_new/data/112 This is not SPAM. You are receiving this message because you have submitted feedback or signed up to Let’s Talk Niagara Falls. CAUTION: This email originated from outside of the organizaon. Do not click links or open aachments unless you recognize the sender and know the content is safe. Page 178 of 546   Owner Occupied Short-Term Rentals Comment Form Form Submission There has been a submission of the form Owner Occupied Short-Term Rentals Comment Form through your Let’s Talk Niagara Falls website. What is important to you about an Owner Occupied Short-Term Rental that you feel needs to be considered by the City? It is important to me that the City consider OOSTR, because it is in alignment with the government’s “Niagara Strategy” that recently announced by Premier Doug Ford. There will be new developments and changes in Niagara Region to attract more tourists. The city should be prepared and ready for new tourists with different expectations (traveling with pets, traveling in group/ multi- generational, accommodation with kitchen facilities, private swimming pool/hot tubes, etc.) What are your opinions on the proposed conditions for operating an Owner Occupied Short-Term Rental? I would suggest the followings: 1-Clarifying the owner and to include owner’s partner, kids, in-laws or siblings who live in the property. Nowadays we have houses with multi-generational occupants. They all are as responsible as the owner to take care of the STR. 2-Allowing a garage as a Parking Space. If a house has a garage and 2 parking Outlook [EXTERNAL]-Owner Occupied Short-Term Rentals Comment Form Form Submission FromLet’s Talk Niagara Falls <letstalk@niagarafalls.ca> Date Thu 12/12/2024 5:49 PM To oostr@niagarafalls.ca <oostr@niagarafalls.ca> E> lets tafkNIAGARAFALLS* Page 179 of 546 spaces on the driveway (parallel), approve it as the parking space requirement for a 3-bedroom house. What other ideas and opinions do you have about these potential uses? In my onion, there are so many potentials and benefits of STR for the City, local businesses, tourists, neighborhood and home owners: The City: 1- A new and steady income due to annual license fee/renewal and MAT tax. 2- As STR are small businesses, the City can help to create new businesses with it’s current assets (no need for infrastructural investment in new roads/hydro lines/ sewer system and etc.) 3- Less calls for the by law officers to deal with unlicensed STR 4- As the STR should meet the SAFETY AND PREPAREDNESS requirements, so they are safer than regular houses Local businesses: 1- Bars, restaurants, grocery stores, etc. in Local streets can serve the tourists (the customers of the businesses in Victoria Ave are mostly local not tourists, even though they are between Clifton Hill and Queen St. 2- Accountants, insurance brokers, etc. to take care of business side of STR (highly paid jobs) 3- Interior designers, plumbers, electricians, carpenters, etc. to maintain and upgrade the SRT properties (highly paid jobs) Tourists: 1- They have more option for accommodation to chose from 2- Tourists with pets, in a group or the ones who want more privacy have more options 3- Tourists may prefer to rent a licensed STR rather than an unlicensed STR Neighborhood: STR owners try to make their houses nice and appealing to their guests by: 1- Making sure their front yards have a nice landscape with followers, lights and other decorations 2- Their lawns are well maintained 3- Their driveways are neat and free from any garbage / leaves 4- Their driveways are free of snow and salted in the winter time These help to beatify and improve the neighborhoods STR home owners: It helps them to generate more income to pay for 1- Their kid’s higher education tuition 2- Their medications costs Page 180 of 546 3- Their ever increasing cost of living 4- Their mortgages, etc Name: Mohammad Sheikholeslami Email: To view all of this form's submissions, visit https://letstalk.niagarafalls.ca/index.php/dashboard/reports/forms_new/data/112 This is not SPAM. You are receiving this message because you have submitted feedback or signed up to Let’s Talk Niagara Falls. CAUTION: This email originated from outside of the organizaon. Do not click links or open aachments unless you recognize the sender and know the content is safe. Page 181 of 546 Outlook [EXTERNAL]-Owner occupied STR survey From Evgeni Lyach < > Date Thu 11/14/2024 12:54 PM To kgoerz@niagarafalls.ca <kgoerz@niagarafalls.ca> Good afternoon, My devises are old and don’t show the survey on the website, but I’d like to contribute by emailing you. I’m in favour of owner occupied STR. I believe that property owners should not be restricted on what they want to do with their property as long as they take care of the property and it’s not causing problems for the neighbours. This extra income helps people with paying bills, etc. Hope this helps to legalize owner occupied strs. Thank you, Evgeni L Sent from my iPhone CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. E> Page 182 of 546 Page 183 of 546 Outlook [EXTERNAL]-Proposed short term rentals From Mary Anne Seppala < > Date Mon 2/24/2025 5:57 AM To kgoerz@niagarafalls.ca <kgoerz@niagarafalls.ca> My neighbour hood has been adversely affected by short term rentals and I am pleased to see that the problem is finally being addressed. The proposals sound adequate however if they are not strictly enforced then they are useless. The penalties need to be severe in order to stop this practice. There was not a mention of what the penalties were going to be. The bylaw officer was absolutely useless in our case. What you need is police enforcement. Mary Anne Seppala Niagara Falls CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. E> Page 184 of 546 Outlook [EXTERNAL]-Short term rentals From Mary Anne Seppala < > Date Sat 11/16/2024 6:29 AM To kgoerz@niagarafalls.ca <kgoerz@niagarafalls.ca> Response to Short term rentals The enforcement of Short term rentals, with or without owners living in, is impossible to enforce. The residents on Corwin Ave. are still having major problems with rentals in areas that are “single family zoning”. Absent owners and live in owners have the response, “it is my property, I can do what I want”. Having owners live on the site of short term rentals does not solve the problem. Mary Anne Seppala CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. E> Page 185 of 546 Outlook [EXTERNAL]-Written Submission to Public Notice of Owner Occupied Short Term Rentals proposal From Steve McGivney < Date Mon 12/2/2024 11:24 AM To oostr@niagarafalls.ca <oostr@niagarafalls.ca> We are against increasing short term rentals in Niagara Falls residenal areas as proposed. Over the past few years there has been a decrease in resident’s safety and quiet enjoyment of their homes due to the increase in temporary visitors. This has occurred for a number of reasons of which the main causes are: -In our neighbourhood there are a number of illegal short term vacaon rentals that City administraon allow to flourish. -The City of Niagara Falls in conjuncon with Niagara Region administrators have converted the former Coronaon Senior Cizen facility into a homeless center. This has resulted in an influx of people who have brought violence and public drug use into our neighbourhoods. - The city administrators in conjuncon with the Federal government brought hundreds of “refugees” to local hotels. The result has been hundreds of people roaming our neighborhoods as they have nothing else to do. Neighbours feel a sense of unease. And now the City administrators are proposing to further erode resident’s safety and peace. Residents have over the years invested in their homes hoping for a safe and peaceful living environment. This has been undermined through the acons of various public administrators. Enough is enough. Do not facilitate an addional increase to neighbourhood transients. Niagara Falls has a robust hotel sector. That was developed to accommodate and serve temporary visitors. Residenal areas were not developed to serve temporary visitors. The hotel sector has enhanced police presence along with trained hotel staff including Security personnel to manage mass temporary visitors. Residents do not have the resources nor training to manage mass temporary visitors. If there is a group of residents (investors?) who wish to generate an income from their properes then let them rent to long term residents. Long term residents have an interest in creang a safe and quiet home environment that temporary visitors do not. Long term rentals also help the lack of housing and affordability issues. Regards, Stephen McGivney E> Page 186 of 546 Niagara Falls CAUTION: This email originated from outside of the organizaon. Do not click links or open aachments unless you recognize the sender and know the content is safe. Page 187 of 546 Outlook [EXTERNAL]-Current status of proposed Owner occupied short-term rental From Abbasi, Saima < > Date Thu 1/30/2025 9:33 AM To oostr@niagarafalls.ca <oostr@niagarafalls.ca> Hi Kailen, I am a resident of Niagara falls. Interested in operating short term rental on my principal residence.  Please can you provide me information on status of proposed OOSTRs. Also basic information on requirements.  I have city paper with basic requirements,  struggling to understand what self- contained unit means? I will highly appreciate your help. Thank you, Syed wasif CAUTION: This email originated from outside of the organizaon. Do not click links or open aachments unless you recognize the sender and know the content is safe. E> Page 188 of 546 PI (0W ^ oosrr^.—Nfcfe*.jhvolw frtc^nu oi owy^tr Co hCicUr ctfov>*K*M 4U Sfc*w*owntr Cko^cC \w #JU#ft>O^i-r ^tku U/l4 k*K K Ctr 4 t.ii '-rddiU.f -W otdd ^cs ftu/iuw\ce usucr .?u\4<r.Page 189 of 546 let’s tafc ||landwiseNIAGARAFALLS*PLAN'DESIGN•MANAGf December 9,2024 Owner Occupied Short-Term Rentals Comment Form 1.What is important to you about an Owner Occupied Short-Term Rental that you feelneedstobeconsideredbytheCity? jfeLA. n^'no—y^4 -kr^\r >b r,h^CJkoUu5-taD-i *- CorVyXL OUJ L API Q/Li r/Qr (r\s< /jpvu VJ <^~1 ery^XA fi/vto r-et\jiX^y{,t?<ns/l<ov^«A.f>rC [oy <?re*C * o J |/V\ 2.What are your opinions on the proposed conditions for operating an Owner Occupied Short-Term Rental? <^Aod -(erwi ^rl-^r (r>£lfMsaL*B Vw 0^0 .9uQ^lflJo lcr\£_P^t<s^4VYOGLQ^ A 3.What other ideas and opinions do you have about these potential uses? QvvD^f1-(;L/4 Jerwi ro^'yLJ)c —WLSCL /-£Afw ^// -fily C L_ C/^\r&n^A HA&TC v 7" Name: Email: Written comments can also be sent by email to oostr@niagarafalls.ca by December 16,2024. THANK YOU! Please note that information will be collected in accordance with the Municipal Freedom of Information and Protection of Privacy Act.With the exception of personal information,please note all comments will become part of the public record. Page 190 of 546 let’s tafc |landwiseNIAGARAFALLS*PLAN -DESIGN -MANAGE December 9,2024 Owner Occupied Short-Term Rentals Comment Form 1.What is important to you about an Owner Occupied Short-Term Rental that you feel needs to be considered by the City? pqa^grr fh?.AND ft TR*U6£/fiJ6 >fVw'T 2.What are your opinions on the proposed conditions for operating an Owner Occupied Short-Term Rental? --AVfrd/#§-©e-S4J-«J /JSH—£y^ri^J2L.Q.w5—SdC^SjeZIZ <* 3.What other ideas and opinions do you have about these potential uses? fiee/mrrrm:s Fsiz. 5^T7ZT/)~^?r-7^7~^V^g^7^7TV^p~A/<^fe^ pV-lV&L—T- v»5 Name: Email: Written comments can also be sent by email to oostr@niagarafalls.ca by December 16,2024. THANK YOU! Please note that information will be collected in accordance with the Municipal Freedom of Information and Protection of Privacy Act.With the exception of personal information,pleasenoteallcommentswillbecomepartofthepublicrecord. Page 191 of 546 Outlook Re: [EXTERNAL]-Garden Suite Owners' Occupied Short Term Rental Inquiry From Gabriella Guo < > Date Tue 2/11/2025 10:43 AM To Kailen Goerz <kgoerz@niagarafalls.ca> Cc Liviu Cojocaru Ok, great! Please add me to the circulation list. I'm definitely interested to follow up on this.  Also do you have more info about the March 18th public meeting? How can I participate? Is there a link to this meeting online? Kind regards, Gabriella Guo  Project Manager | Max Suites Solutions 📞 📧 On Tue, Feb 11, 2025 at 10:36 AM Kailen Goerz <kgoerz@niagarafalls.ca> wrote: Hi Gabriella, I apologize for the delay in geng back to you. We are currently planning to hold the public meeng March 18th related to the Official Plan and Zoning by-law amendments that would permit this use. If that is approved by Council, then our licensing by-law would be updated to allow for owner occupied short-term rentals. Unfortunately, you wouldn't be able to obtain a license unl this is all approved by Council. I can add you to our circulaon list so that you have the details of the meeng once the noce goes out. Thank you, Kailen From: Gabriella Guo Sent: Thursday, January 30, 2025 4:28 PM To: oostr <oostr@niagarafalls.ca> Cc: Liviu Cojocaru Subject: [EXTERNAL]-Garden Suite Owners' Occupied Short Term Rental Inquiry E> Page 192 of 546   Hello Kailen,  I discussed with Debra about my inquiry and she referred me to you.  We recently completed a 2 storey, 3 bd garden suite in Niagara Falls. We'd like to know what kind of license we need to operate it as a short term rental property. Please advise how we can start with the application process. Thank you.  Kind regards, Gabriella Guo  Project Manager | Max Suites Solutions 📞 📧 CAUTION: This email originated from outside of the organizaon. Do not click links or open aachments unless you recognize the sender and know the content is safe. Page 193 of 546 Page 194 of 546 Outlook Re: City of Niagara Falls Notice of Statutory Public Meeting for Owner Occupied Short-Term Rentals From Mark Bodogh < Date Sat 2/22/2025 8:53 AM To Kailen Goerz <kgoerz@niagarafalls.ca> Thank you Kailen. I think this is a fantastic idea and fully support this. It’s a long time coming and a positive step for the City. We will be in attendance. Mark Bodogh.  Sent from my iPhone On Feb 22, 2025, at 8:28 AM, Kailen Goerz <kgoerz@niagarafalls.ca> wrote: Hello, This e-mail is to advise of the upcoming Statutory Public Meeng related to the City of Niagara Falls iniated Official Plan Amendment and Zoning By-law Amendment to allow for Owner Occupied Short-Term Rentals within residenal areas. Please find aached the Noce for the Statutory Public Meeng scheduled for March 18, 2025. Please note, you are being nofied because you have previously expressed interest in this iniave. If you no longer wish to receive updates related to these amendments, please let me know. Sincerely, Kailen Kailen Goerz, MCIP, RPP | Senior Manager of Long Range Planning Initiatives | Planning, Building, and Development | City of Niagara Falls Mailing Address: 4310 Queen Street | Niagara Falls, ON L2E 6X5 | Office: Wayne Thomson Building | 4343 Morrison Street Office (905) 356-7521 ext 4252 | Cell (289) 241-7503 | Fax 905-356-2354 | kgoerz@niagarafalls.ca Our new online portal can be found at: https://niagarafalls.ca/services/cityview.aspx E> Page 195 of 546 Outlook [EXTERNAL]-Support for Expanding Short-Term Rental Availability in Niagara Falls From Jake Tymczak <j.tymczak@gmail.com> Date Fri 3/14/2025 11:59 AM To Kailen Goerz <kgoerz@niagarafalls.ca> Dear Councillors, I am writing to express my strong support for increasing the number of permitted short-term rental (STR) units in Niagara Falls. A thoughtful expansion of STR regulations can benefit our city in multiple ways—economically, socially, and in terms of housing availability. By embracing STR, we can create a more balanced and sustainable approach to housing and tourism. Encouraging the Development of New Living Spaces When Niagara homeowners see an opportunity to generate income through STR, they are more likely to invest in building secondary suites, basement apartments, and additional living spaces. This ultimately increases the city’s total housing stock, benefiting long-term renters as well as short-term visitors.Requiring a long-term, local resident at the property as a condition for acquiring a STR peremit will discourage outside investors from purchasing of multiple properties for the purpose of income via STR, and will not decrease the number of available properties overall. Avoiding the Loss of Current Tourism Capital Hotels alone cannot accommodate the influx of tourism seen in Niagara Falls, particularly in the summer months. By enforcing the current bylaws and forcing unregistered short-term rental owners to cease and desist, the city and local businesses could see the loss of income gained from a new kind of tourist, one whose accommodation wants and needs cannot be met by hotels or those who cannot afford hotels. We could see losses in tax dollars and in the profits of local businesses who thrive precisely because these rental units allow for such large volumes of tourists. Increased City Revenue to Fund City Projects 3/14/25, 12:05 PM Mail - Kailen Goerz - Outlook https://outlook.office.com/mail/inbox/id/AAMkADdlODEzNDNkLWYwYTQtNGM4OS04YjNlLWQ3MzkzZDc3ZjExZABGAAAAAAB7lUYVLHoISp0H9lwd…1/3 Page 196 of 546 Passing this bylaw will substantially increase revenue to the city of Niagara by means of Municipal Accommodation Tax (MAT). Rather than restricting STR, we can use the increased tax revenue they generate to directly support necessary initiatives like affordable housing. Other Canadian cities – for example, Victoria, BC – have successfully reinvested STR-related taxes into housing programs, creating long-term solutions for residents in need. Supporting Our Students Expanding STR regulations could benefit students attending school in Niagara by providing additional affordable housing options for a demographic who are often acquiring large amounts of educational debt. Allowing homeowners to offer lucrative vacation rentals in the summer months encourages the creation of additional living spaces, which can then be rented to students during the school year when tourism decreases. This flexibility ensures that additional residential units remain occupied year-round, addressing both student housing demands and seasonal tourism opportunities. Effective City Resource Allocation Currently, significant city resources are spent uncovering and enforcing penalties against unauthorized short-term rentals. By allowing more STR within a fair regulatory framework, these resources could be reallocated to more pressing community needs, reducing administrative burdens and enforcement costs. Bringing Tourism to Under-Visited Neighborhoods STR units in residential neighbourhoods encourage visitors to explore different parts of the city, benefiting small businesses in areas that may not typically attract tourism. This helps local restaurants, shops, and service providers thrive, creating a more balanced distribution of tourism dollars. Distributing Wealth More Equitably Wealth disparity is one of the greatest economic issues we face globally. If the status quo is maintained and this new bylaw is not passed, the vast majority of accommodation revenue will continue to be concentrated into the hands of large hotel chains and a few already wealthy investors. By expanding STR, we allow local homeowners to share in this economic prosperity, spreading tourism wealth more equitably and supporting local residents and families. Meeting a Growing Demand That Can’t Be Ignored 3/14/25, 12:05 PM Mail - Kailen Goerz - Outlook https://outlook.office.com/mail/inbox/id/AAMkADdlODEzNDNkLWYwYTQtNGM4OS04YjNlLWQ3MzkzZDc3ZjExZABGAAAAAAB7lUYVLHoISp0H9lwd…2/3 Page 197 of 546 A growing number of short-term rental hosts are using alternative platforms beyond the city’s primary regulated STR company, platforms like Google Vacation Rentals. This makes enforcement of the current bylaws increasingly difficult . The demand for STR is clear—if the city does not adapt, homeowners will simply turn to less-regulated alternatives, making oversight and taxation even more challenging and resource-consuming. We find ourselves at a crossroads. We can decide to work together with the tide of online vacation rentals and, in doing so, share in the gains that are offered, or we can deny them and lose out on an enormous opportunity – in other words, we can go the way of Netflix, or we can go the way of Blockbuster. I urge you to consider the above points and support an expansion of short-term rental availability in Niagara Falls. A well-regulated but inclusive STR market will benefit our city and its residents economically, create new housing opportunities, and ensure a fairer, more equitable distribution of tourism revenue. Thank you for your time and consideration. I would welcome the opportunity to discuss this further and provide insights from my experience in short-term rental management. Best regards, Jake T. CAUTION: This email originated from outside of the organizaon. Do not click links or open aachments unless you recognize the sender and know the content is safe. 3/14/25, 12:05 PM Mail - Kailen Goerz - Outlook https://outlook.office.com/mail/inbox/id/AAMkADdlODEzNDNkLWYwYTQtNGM4OS04YjNlLWQ3MzkzZDc3ZjExZABGAAAAAAB7lUYVLHoISp0H9lwd…3/3 Page 198 of 546 Outlook [EXTERNAL]-Owner Occupied Short Term Rental (OOSTR) From R AWAN <raziaawan2002@hotmail.com> Date Fri 3/14/2025 10:56 AM To Kailen Goerz <kgoerz@niagarafalls.ca> Hi, I am writing this email to support city by law amendment to allow OOSTR in residential area. I am property owner in Niagara falls. Senior citizen, to afford my principal residence this change will help me to afford my house financially. City can make by laws to ensure respect of neighbourhood. Thank you, Mrs Nadeem Get Outlook for Android CAUTION: This email originated from outside of the organizaon. Do not click links or open aachments unless you recognize the sender and know the content is safe. 3/14/25, 10:57 AM Mail - Kailen Goerz - Outlook https://outlook.office.com/mail/inbox/id/AAMkADdlODEzNDNkLWYwYTQtNGM4OS04YjNlLWQ3MzkzZDc3ZjExZABGAAAAAAB7lUYVLHoISp0H9lwd…1/1 Page 199 of 546 Outlook [EXTERNAL]-Fw: Owner Occupied Short Term Rentals (OOSTR) From Abid Hussein <aabee_pirzada@hotmail.com> Date Thu 3/13/2025 8:52 PM To Kailen Goerz <kgoerz@niagarafalls.ca> From: Abid Hussein <aabee_pirzada@hotmail.com> Sent: Friday, March 14, 2025 12:46 AM To: kgoertz@niagarafalls.ca <kgoertz@niagarafalls.ca> Subject: Owner Occupied Short Term Rentals (OOSTR)   Hi Kalien, I am resident of Niagara falls. I am wring this email to support the OOSTR permission in Niagara. I am single mother own a duplex, my two adult kids went to universies out of the town. I am a care giver for my youngest special need kid. So cannot work full me to manage my financials. At the same me cannot rent my property to long term tenants. My dorm kids come back regularly for their breaks and vacaon. City by law changes will provide me opon to rent out on short term basis. I totally respect neighborhood rights. City of Niagara Falls can develop demerits points like city of St Catharines. If OOSTR is trouble for neighbors, they can be penalized and license suspension based on well documented demerits points. Allowing OOSTR will be beneficial for many residents. Thanks, Aabee Pirzada aabee_pirzada@hotmail.com CAUTION: This email originated from outside of the organizaon. Do not click links or open aachments unless you recognize the sender and know the content is safe. 3/14/25, 10:13 AM [EXTERNAL]-Fw: Owner Occupied Short Term Rentals (OOSTR) - Kailen Goerz - Outlook about:blank?windowId=SecondaryReadingPane9 1/1 Page 200 of 546 Outlook [Draft]Re: FW: POSSIBLE SPAM [EXTERNAL]-Air BNB council letter From Draft saved Fri 3/14/2025 10:15 AM From: S Orr <sandraorr88@gmail.com> Sent: Thursday, March 13, 2025 12:16:21 PM To: DL-CouncilMembers <councilmembers@niagarafalls.ca> Cc: Jason Burgess <jburgess@niagarafalls.ca>; Ma Orr <amorr@gmail.com> Subject: POSSIBLE SPAM [EXTERNAL]-Air BNB council leer March 13, 2025 Mayor and Council, My name is Sandra Orr, born and raised in Niagara Falls. I am a licensed Airbnb owner and a proud mother of three boys, all of whom are actively involved in competitive sports. One of my sons attends Niagara College, while my other two sons play on travel hockey and basketball teams. Raising my children in Niagara Falls, I have a deep connection to this city and a vested interest in its growth and economic stability. I appreciate the opportunity to share my thoughts on the use of Airbnb and Vacation Rental Units (VRUs) in our city. Instead of restricting them unnecessarily, the City should focus on fostering RESPONSIBLE VRU ownership. I encourage an open dialogue between Council and VRU owners to find practical solutions that benefit both the City and the residents of Niagara Falls who rely on this income. Many homeowners I represent are afraid to speak up, worried that their much-needed extra income could be taken away. For many, renting out a portion of their home isn’t about getting rich—it’s about survival. It helps fund children’s education, support elderly parents, pay the mortgage, and keep local service providers like cleaners and handymen employed. Many of us sacrifice our personal comfort and lifestyle just to make ends meet, whether that means giving up privacy, constantly managing guests, or handling the never-ending tasks that come with maintaining a rental. Running a VRU isn’t easy—it’s hard work juggling bookings, keeping guests happy, and dealing with unexpected challenges. But for many homeowners, it’s the only way to stay afloat financially. The argument that VRUs take away housing from long-term rentals doesn’t hold up. Most hosts only rent for a few weeks per year and wouldn’t enter long-term rental agreements due to privacy concerns and tenant-landlord law imbalances. A 2024 study by Professor Belsey Stevenson of the University of Michigan also found that banning Airbnbs won’t solve the housing crisis. The study highlights that short-term rentals account for only a small fraction of the overall housing market and that the real issue lies in housing supply shortages and restrictive zoning laws. It further suggests that rather than banning VRUs, cities should focus on policies that encourage the development of more affordable housing options while allowing responsible home-sharing. Additionally, the study found that cities that banned short-term rentals did not see a significant increase in long-term rental availability, proving that restricting VRUs is not a viable solution to the housing crisis. Additionally, VRUs boost the local economy. Visitors staying in VRUs frequent local shops, restaurants, and attractions outside the tourist core, helping spread economic benefits citywide. They 3/14/25, 10:16 AM Re: FW: POSSIBLE SPAM [EXTERNAL]-Air BNB council letter about:blank?windowId=SecondaryReadingPane10 1/3 Page 201 of 546 don’t compete with hotels—VRUs cater to different travelers, like multi-generational families of six guests, pet owners, and outdoor enthusiasts bringing bicycles or kayaks—guests who wouldn’t otherwise visit. Without VRUs, these travelers simply wouldn’t come, meaning lost tourism dollars for local businesses. I acknowledge that VRUs once had a less-than-stellar reputation, but the landscape has evolved. Today, platforms like Airbnb have instituted rigorous rules and safety measures, ensuring a level of oversight that often surpasses that of traditional rental properties, including some of the outdated hotels in the city. With guest reviews, strict verification processes, AI risk detection, noise-monitoring technology, and financial accountability measures, VRU owners face more checks and balances than many long-term landlords, making them highly incentivized to maintain order and compliance. Guest reviews—poorly maintained properties won’t get booked. Every guest rates their stay, and properties that don’t meet high cleanliness and hospitality standards quickly fall out of favor. Unlike traditional rental properties, VRU owners must maintain excellence to stay competitive. Host control—owners have full authority over who stays in their homes. Most hosts only accept bookings from verified by Airbnb guests who have provided government-issued identification, have a strong history of positive reviews, and maintain detailed profiles. This screening process ensures responsible renters and minimizes risks. Furthermore, Airbnb’s dual-rating system keeps both hosts and guests accountable—guests are rated based on cleanliness, communication, adherence to house rules, and most importantly, noise levels. Guests with low ratings, particularly for noise violations or property damage, often find themselves unable to book future stays, effectively weeding out problematic renters. Many hosts even set a minimum guest rating threshold, ensuring only responsible guests are accepted. Additionally, Airbnb’s AI-driven risk analysis system proactively flags suspicious bookings, such as those with a history of party-related incidents. This level of control and transparency far surpasses that of traditional long-term rentals, where landlords often have limited recourse for noisy or disruptive tenants. AI technology—risky bookings are blocked automatically. Platforms like Airbnb use advanced algorithms to detect and prevent high-risk reservations, such as those linked to potential party events or fraudulent activity. Noise monitors—party prevention tools help ensure peaceful stays. Airbnb provides access to noise- monitoring technology that alerts owners if sound levels exceed acceptable limits, discouraging disruptive behavior. Additionally, hosts install video cameras on the exterior of properties to ensure compliance with house rules. Financial accountability—Airbnb can charge guests for damages. Hosts have recourse if a guest causes damage, as Airbnb holds security deposits and can charge a guest’s payment method for violations. This is a level of accountability that traditional rental agreements often lack. Garbage management—Responsible hosts provide clear waste disposal guidelines, often including locked bins and strict trash schedules. Guests who fail to comply can be penalized or blocked from booking future stays. Unlike long-term rentals, where tenants may ignore waste management rules for months, VRU guests are held to immediate accountability. Security measures—hosts install exterior cameras, noise sensors, and/or personally greet guests to enforce house rules. Many hosts take proactive steps to ensure responsible stays, including guest check-ins and on-site visits to verify adherence to house rules. I appreciate that the City is considering allowing owner-occupied VRUs, but I urge you to address a few critical issues: The current licensing requirements are excessively costly, unrealistic, and set homeowners up for failure. After spending thousands on architectural drawings, an ESA certificate, and various applications, I discovered that meeting the requirements would mean practically rebuilding my house. Fire-rated insulation in walls, sprinkler systems, and rigid parking rules make licensing unattainable, particularly for homeowners who rent for only 40 or 50 nights a year. The financial burden simply isn’t justified for those of us who rent occasionally, yet we are being subjected to the same demands as full-time operators. Niagara-on-the-Lake and Toronto have more reasonable policies—let’s take notes! Licensing costs should reflect the minimal profit that owner-occupied VRUs generate. It’s unreasonable to impose the same fees on a homeowner renting for 40 nights a year as on an investor renting a full-time vacation property. 3/14/25, 10:16 AM Re: FW: POSSIBLE SPAM [EXTERNAL]-Air BNB council letter about:blank?windowId=SecondaryReadingPane10 2/3 Page 202 of 546 Globally, cities like Paris, London, and Vancouver have implemented sensible rules that limit the number of rental days per year instead of banning VRUs outright. This approach allows homeowners to earn income while minimizing community impacts. With the 2025 tourism season approaching fast, homeowners will continue operating despite the looming threat of heavy fines. If the City proceeds with fines against local homeowners without first resolving the unnecessarily complicated and burdensome registration process, it would be deeply unfair to residents who are simply trying to survive in this challenging economic climate. Perhaps general fines for operating owner-occupied VRUs should be put on hold until a resolution is in place— unless, of course, there is a legitimate noise complaint or another valid violation. I’m encouraged that Council is open to allowing responsible homeowners to rent out their spaces. I urge you to refine these regulations so that the benefits aren’t drowned in unnecessary red tape. Let’s work together to create fair, balanced policies that protect both residents and the local economy. Looking forward to your thoughtful consideration. Sincerely, Sandra Orr Sent from my Bell Samsung device over Canada’s largest network. Sent from my Bell Samsung device over Canada’s largest network. CAUTION: This email originated from outside of the organizaon. Do not click links or open aachments unless you recognize the sender and know the content is safe. 3/14/25, 10:16 AM Re: FW: POSSIBLE SPAM [EXTERNAL]-Air BNB council letter about:blank?windowId=SecondaryReadingPane10 3/3 Page 203 of 546 Outlook [Draft]Re: [EXTERNAL]-A note on owner occupied short term rentals. From Draft saved Fri 3/14/2025 10:17 AM From: Rachel Stempski <rachelstempski@hotmail.com> Sent: Thursday, March 13, 2025 10:56:30 AM To: Jason Burgess <jburgess@niagarafalls.ca> Subject: [EXTERNAL]-A note on owner occupied short term rentals. Dear City Councillors and CAO, First and foremost let me please give my condolences to you for losing such a great colleague. Wayne was a friend of yours and of the community and he will be dearly missed. I hope this message finds you well. My name is Rachel Stempski and I have lived in the region my entire life, I have been a realtor out of the Niagara Falls Remax office for over 20 years and I am invested locally in our community within the real estate sector. I am giving my outlook to you based on what I am hearing from our local community. I want to take a moment to acknowledge the concerns many residents have raised about Airbnb and short-term accommodations. However, it's essential to recognize that there is also a significant demand for these services, which often goes unheard. Over the past two years, many homeowners have faced immense economical challenges. Some individuals running illegal Airbnb accommodations do so primarily when their children are away or during the summer months when their billets are home for the season, hosting less than 50 guests a year. Many even relocate to different areas of their homes during these times in order to make some additional income. The fear of losing this extra income is palpable; for many, it directly impacts their ability to meet mortgage payments and manage daily living expenses. The rising costs of mortgages and bills have made this additional income a lifeline for numerous families. I believe a lot of voices who would love to reach out to express the want and need for short term accommodations in our community are genuinely scared to do so. I believe the above mentioned people are the exact people you want to hear from and I hope you understand their reason for silence. Our community has had legal bed-and-breakfast establishments for decades, and these have consistently received minimal complaints. The tourism landscape has transformed dramatically in the last ten years, yet Niagara Falls has not adapted to these changes. If a bed-and-breakfast can host up to six guests in three separate rooms, how would allowing an owner-occupied short-term accommodation to host one group of six guests be any different in terms of potential complaints? I understand that complaints often center around noise, garbage, and parking issues. However, these concerns are rarely, almost never, associated with owner-occupied bed-and-breakfasts. Allowing homeowners to rent a small suite instead of multiple rooms would likely reduce the need for parking, as it limits the number of different groups arriving. It's worth noting that Niagara Falls has not seen a new hotel built in 16 years. Many local motels have transitioned to long-term residences, reducing the number of available accommodations for tourists. 3/14/25, 10:17 AM Re: [EXTERNAL]-A note on owner occupied short term rentals. about:blank?windowId=SecondaryReadingPane13 1/2 Page 204 of 546 Consequently, while tourism jobs across Canada have increased by 20%, Niagara Falls has seen a 7% decrease in tourism-related employment. This situation not only affects our local job market but also drives tourists to seek accommodations in nearby towns, diminishing their spending in Niagara Falls. Airbnb alone contributed an estimated $350 million to our community last year, benefiting not just the tourist areas but the local economy as well. Many Airbnb guests prefer to stay outside the tourist zones, engaging with local businesses. There is room for both traditional hotels and short-term rentals in our city; families looking for a home-like atmosphere will seek out alternatives if we fail to provide them. The need for additional dwelling units is becoming increasingly evident, and while Niagara Falls has recently permitted two additional units per property, many homeowners hesitate to invest in long-term rentals due to fears of tenant issues and concerns about privacy. By allowing owner-occupied short- term accommodations, homeowners could rent to students during the school year or accommodate family visits without long-term commitments. This approach not only increases housing availability but also alleviates some of the anxiety associated with full-time rentals. Lastly, I want to address the regulations established in 2021, which made it nearly impossible to license new bed-and-breakfasts in Niagara Falls. Since those changes, no new licensed establishments have emerged. Other communities have successfully implemented fair and accessible licensing processes, and I believe Niagara Falls can do the same by adjusting its regulations. I am going to attach the licensing requirements for Fort Erie and Port Colborne as examples of how simple other municipalities are making it but there are many. In conclusion, legalizing owner-occupied short-term accommodations can yield numerous benefits for our community without negative repercussions. I urge you to consider this perspective as you deliberate on the upcoming proposal. Thank you for taking the time, Rachel Stempski (905) 327-5656 https://forms.portcolborne.ca/Legislative-Services/Business-Licence-Lodging-House https://www.forterie.ca/en/build-and-invest/resources/documents/EDTS/Schedule-4-BedBreakfast--- (By-law-No.-217-05).pdf CAUTION: This email originated from outside of the organizaon. Do not click links or open aachments unless you recognize the sender and know the content is safe. 3/14/25, 10:17 AM Re: [EXTERNAL]-A note on owner occupied short term rentals. about:blank?windowId=SecondaryReadingPane13 2/2 Page 205 of 546 Outlook Re: City of Niagara Falls Notice of Statutory Public Meeting for Owner Occupied Short-Term Rentals From Behnam <behnam_e@yahoo.com> Date Thu 3/13/2025 7:01 AM To Kailen Goerz <kgoerz@niagarafalls.ca> Subject: Support for Owner-Occupied Short-Term Rentals in Residential Areas Hi Kailen, I am writing to express my support for Owner-Occupied Short-Term Rentals (OOSTRs) in residential areas. The new amendment aligns with the government’s Niagara Strategy, announced last year by Premier Doug Ford, which aims to attract more tourists through new developments and regional enhancements. The City should proactively prepare for an increase in visitors with diverse accommodation needs, such as pet-friendly stays, group or multi-generational travel, kitchen facilities, and private amenities like swimming pools and hot tubs. OOSTRs offer significant potential benefits for the City, local businesses, tourists, neighborhoods, and homeowners: Benefits to the City: 1. A steady new revenue stream from annual licensing fees, renewals, and the Municipal Accommodation Tax (MAT). 2. Support for small businesses without requiring costly infrastructure investments (e.g., new roads, hydro lines, or sewer systems). 3. Economic resilience—by fostering small businesses, the City can help mitigate economic challenges posed by tariffs and inflation. 4. Reduced enforcement burden, as licensed STRs will reduce the need for bylaw officers to address illegal rentals. 5. Improved safety—licensed STRs must meet safety and preparedness requirements, making them safer than regular residential homes. Benefits to Local Businesses: 1. Increased foot traffic for local bars, restaurants, and grocery stores, particularly in areas beyond tourist hotspots like Clifton Hill and Queen Street. 2. Job creation for accountants, insurance brokers, and other professionals managing the business side of STRs. 3. Demand for tradespeople (e.g., interior designers, plumbers, electricians, carpenters) to maintain and upgrade properties, supporting well-paying jobs. 3/13/25, 1:51 PM Re: City of Niagara Falls Notice of Statutory Public Meeting for Owner Occupied Short-Term Rentals - Kailen Goerz - Outlook about:blank?windowId=SecondaryReadingPane4 1/3 Page 206 of 546 4. Strengthened local businesses—by sustaining STR operations, the City helps protect businesses from economic downturns caused by tariffs and other financial pressures. Benefits to Tourists: With a favorable exchange rate attracting more American tourists and fewer Canadians traveling abroad, Niagara Falls may see an increase in domestic and international visitors. OOSTRs provide: 1. More accommodation choices, catering to different needs and preferences. 2. Options for travelers with pets, large groups, or those seeking more privacy. 3. The assurance of renting a licensed STR over an unregulated alternative. Benefits to Neighborhoods: OOSTR owners take pride in their properties, ensuring that: 1. Front yards are well-landscaped with flowers, lighting, and decorative elements. 2. Lawns are properly maintained. 3. Driveways are clean, free of debris, and well-kept. 4. Snow removal and salting are consistently managed in winter months. These improvements enhance neighborhood aesthetics and overall property values. Benefits to Homeowners: With economic uncertainty and potential job losses, OOSTRs provide homeowners with an opportunity to generate supplemental income to cover: 1. Tuition fees for their children’s higher education. 2. Medical expenses. 3. Rising living costs. 4. Mortgage payments and other essential expenses. Key Zoning Provisions to Consider: 1. Definition of Ownership – Clarify the term "owner" to include the homeowner’s partner, children, in- laws, or siblings living on the property. These family members are equally invested in maintaining a responsible and well-managed OOSTR. 2. Parking Requirements – Allow garages to count as parking spaces. If a home has a garage and two parallel driveway spaces, this should meet the parking requirement for a three-bedroom house. I appreciate your time and consideration in supporting OOSTRs as a valuable asset to the community. Regards, Behnam On Saturday, February 22, 2025 at 08:01:00 a.m. EST, Kailen Goerz <kgoerz@niagarafalls.ca> wrote: 3/13/25, 1:51 PM Re: City of Niagara Falls Notice of Statutory Public Meeting for Owner Occupied Short-Term Rentals - Kailen Goerz - Outlook about:blank?windowId=SecondaryReadingPane4 2/3 Page 207 of 546 Outlook RE: Owner Occupied short-term Rental open house From Behnam <behnam_e@yahoo.com> Date Mon 12/16/2024 11:09 PM To oostr@niagarafalls.ca <oostr@niagarafalls.ca> Dear Ms. Kailen Goerz, I hope this message finds you well. First and foremost, I would like to thank you and your colleagues for organizing the recent event. I attended the meeting organized by the City of Niagara Falls on December 9th. However, I have been unable to find any updates regarding this meeting online, as was instructed during the session. I am reaching out to request further information on the annual charges and financial matters related to the short-term rental applications submitted by residents. Additionally, I would like to know if there is any direct tax imposed on property owners by the city for occupied short-term rentals. I believe it is essential for short-term rentals to be legalized and effectively monitored by the City of Niagara Falls to ensure that both property owners and temporary tenants adhere to the rules and policies enforced by city officials. Thank you for your time and assistance. I look forward to your response. Behnam Page 208 of 546 Outlook Re: City of Niagara Falls Notice of Statutory Public Meeting for Owner Occupied Short-Term Rentals From Hansley Pais <hansley.pais@gmail.com> Date Wed 3/12/2025 8:02 PM To Kailen Goerz <kgoerz@niagarafalls.ca> Hi Kailen, Thank you the response to my previous email. Another question - Is there any insurance liability requirement for OOSTR? Currently, VRUs and B&Bs are required to have commercial insurance liability. On Wed, Feb 26, 2025, 09:42 Kailen Goerz <kgoerz@niagarafalls.ca> wrote: Hi Hansley, I apologize for the delay in geng back to you. I wanted to touch base with By-law enforcement regarding your quesons. In response to your first queson, the City generally addresses concerns on a complaint basis, however when a license is issued, we can complete impromptu inspecons to ensure that the licensee is on the premises in accordance with the relevant by-laws. If the owner is not present, we would expect them to be there within a reasonable amount of me (recognizing that people work and need to leave the house as part of their daily lives - to get groceries, go to the doctor etc.). In response to your second queson, the City has had prior communicaons with various plaorms, but it is premature to suggest what the relaonship would be and how they would be ulized through the enforcement process at this point. Hopefully this helps. Please let me know if you have any addional quesons. Thank you, Kailen From: Hansley Pais <hansley.pais@gmail.com> Sent: Monday, February 24, 2025 5:15 PM To: Kailen Goerz <kgoerz@niagarafalls.ca> Subject: Re: City of Niagara Falls Noce of Statutory Public Meeng for Owner Occupied Short-Term Rentals   Hi Kailen, Thank you for the email.  Quick question on enforcement of the bylaws.  3/13/25, 2:04 PM Re: City of Niagara Falls Notice of Statutory Public Meeting for Owner Occupied Short-Term Rentals - Kailen Goerz - Outlook about:blank?windowId=SecondaryReadingPane11 1/2 Page 209 of 546 1. Is there a way for the city to enforce whether the owner is actually staying on the property? I have seen cases in other cities where entire houses are given for rent but one owner having their licence registered at the rental property to deem it "owner-occupied". Would the city be actively monitoring Airbnb listings? 2. The city of Toronto has a partnership with Airbnb and Vrbo for bylaw enforcement. Under that arrangement, all hosts have to register with the city to have an active listing. Given the high number of properties in Niagara Falls, can the city have a similar arrangement that assists in bylaw enforcement? On Sat, Feb 22, 2025, 08:00 Kailen Goerz <kgoerz@niagarafalls.ca> wrote: Hello, This e-mail is to advise of the upcoming Statutory Public Meeng related to the City of Niagara Falls iniated Official Plan Amendment and Zoning By-law Amendment to allow for Owner Occupied Short-Term Rentals within residenal areas. Please find aached the Noce for the Statutory Public Meeng scheduled for March 18, 2025. Please note, you are being nofied because you have previously expressed interest in this iniave. If you no longer wish to receive updates related to these amendments, please let me know. Sincerely, Kailen Kailen Goerz, MCIP, RPP | Senior Manager of Long Range Planning Initiatives | Planning, Building, and Development | City of Niagara Falls Mailing Address: 4310 Queen Street | Niagara Falls, ON L2E 6X5 | Office: Wayne Thomson Building | 4343 Morrison Street Office (905) 356-7521 ext 4252 | Cell (289) 241-7503 | Fax 905-356-2354 | kgoerz@niagarafalls.ca Our new online portal can be found at: https://niagarafalls.ca/services/cityview.aspx City of Niagara Falls Logo niagarafalls.ca Hamilton-Niagara's TOP EMPLOYER 2025 The City of Niagara Falls Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure or copying of this communication, or any of its contents is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and permanently delete the original and any copy from your computer system. Thank you 3/13/25, 2:04 PM Re: City of Niagara Falls Notice of Statutory Public Meeting for Owner Occupied Short-Term Rentals - Kailen Goerz - Outlook about:blank?windowId=SecondaryReadingPane11 2/2 Page 210 of 546 Outlook [EXTERNAL]-Owner Occupied Short Term Rental From Spencer Kirkness <spencerkirkness@gmail.com> Date Fri 2/7/2025 7:12 PM To kgoerz@niagarafalls.ca <kgoerz@niagarafalls.ca> Hi, I hope this email finds you well. I was looking to find out more info about the recent public open house in regards to the potential allowance of owner occupied short term rental, as well as to see if there was/is a date set for the report to council/public meeting. Unfortunately, I didn't make it to the public open house, but I have been keeping an eye on the letstalk.niagarafalls page to see if there were any updates as to when the public meeting would be held as I see it's just noted as "February 2025". I would be extremely grateful if you could fill me in on any updates as I am highly interested in the matter. I made an attempt to reach out to oostr@niagarafalls.ca to no avail, so I thought I would give your direct email a try. Thanks for any help or guidance you can provide! CAUTION: This email originated from outside of the organizaon. Do not click links or open aachments unless you recognize the sender and know the content is safe. 3/14/25, 10:21 AM [EXTERNAL]-Owner Occupied Short Term Rental - Kailen Goerz - Outlook about:blank?windowId=SecondaryReadingPane15 1/1 Page 211 of 546 Page 212 of 546 Page 213 of 546 Page 214 of 546 Page 215 of 546 Page 216 of 546 Page 217 of 546 Page 218 of 546 Page 219 of 546 Page 220 of 546 Page 221 of 546 Page 222 of 546 Page 223 of 546 Page 224 of 546 Page 225 of 546 Page 226 of 546 Page 227 of 546 Page 228 of 546 Page 229 of 546 Page 230 of 546 Outlook [Draft]Re: Legislation to amendmendment From kgoerz@niagarafalls.ca Draft saved Fri 5/23/2025 2:46 PM From: Dwight Townsend <dwighownsend@yahoo.com> Sent: Tuesday, May 6, 2025 7:04 PM To: DL-CouncilMembers <councilmembers@niagarafalls.ca> Subject: RE: Legislaon to amendmendment Dear Councillor Members I hope this message finds you well. I am a homeowner and investor in the City of Niagara Falls. I am writing to respectfully bring to your attention the significant financial challenges I have faced due to the current bylaws prohibiting short-term rentals in certain residential areas. Attached to this email is a formal letter outlining my personal experience and a request for the City to consider amending the bylaws to allow for responsible short-term rental use. This change would not only provide essential financial relief to homeowners like myself but would also support the economic resilience of our community during difficult times. Thank you in advance for taking the time to review my letter. I would welcome the opportunity to discuss this matter further and contribute to a constructive solution. Warm regards, Dwight Townsend, LLM, MA, BHA Page 231 of 546 Dwight Townsend 7186 Parsa St. Niagara Falls ON To the Honourable Members of the Niagara Falls City Council, Re: Request for Bylaw Amendment to Permit Short-Term Rentals in Prohibited Zones I am writing today not just as a homeowner, but as someone who has made significant financial and emotional investments in Niagara Falls—investments that have been met with unforeseen challenges and losses. I am asking that you urgently consider amending legislation to allow for short-term rentals in currently prohibited areas. In early 2020, I purchased a home in Niagara Falls with the goal of building a future in this community. Unfortunately, my closing coincided with the onset of the COVID-19 pandemic. As a result, additional financial requirements by the bank were suddenly imposed to my preapproval, and I was forced to seek alternate financing under immense pressure. During this process, the builder—Pinewood Homes—charged me $500 per day while I attempted to secure a mortgage. The fees accumulated to more than my initial deposit for the home. Ultimately, I was unable to close on the property and lost my over $60,000 deposit. Despite this loss, I remained committed to Niagara Falls and invested in another property a year later. Sadly, the City ordered that property closed due to bylaw restrictions on short-term rentals. This action triggered my mortgage lender to rescind their financing, resulting in over $10,000 in fees, and an additional cost of $40,000 to requalify for a new mortgage. With escalating interest rates over the last 2 years has resulted in a higher carrying costs. I have not been able to pay the property taxes. These experiences highlight just how vulnerable homeowners can be in the current economic climate. Short-term rentals offer a necessary avenue to generate income that can help cover rising mortgage costs and preserve home ownership. In my case, the ability to legally operate a short-term rental could have prevented severe financial loss and protected my investment in this city. With inflation, housing instability, and economic uncertainty affecting many families, I strongly urge you to revisit and revise the current bylaws to allow for regulated short-term rentals in areas currently deemed prohibited. Other municipalities have found balanced solutions—Niagara Falls can too. Thank you for your time and for considering the very real impact these regulations have on residents like myself. Warm regards, Dwight Townsend, LLM, MA, BHA. Page 232 of 546 Page 233 of 546 Page 234 of 546 Page 235 of 546 OWNER OCCUPIED SHORT-TERM RENTALS C o u n c i l | J u l y 8 , 2 0 2 5 PLANNING, BUILDING, AND DEVELOPMENTPage 236 of 546 OWNER OCCUPIED SHORT-TERM RENTALSSHORT TERM ACCOMMODATION BACKGROUND 2Page 237 of 546 OWNER OCCUPIED SHORT-TERM RENTALS3 That Council direct staff to consider and report back on the necessary by-law and licensing changes to the bed and breakfast by-law to permit owner occupied short-term rental units in residential areas in the City. Recommendation from Report No. COA-2023-02 May 30, 2023 Page 238 of 546 OWNER OCCUPIED SHORT-TERM RENTALSWhat are Short Term Accommodations 4Page 239 of 546 OWNER OCCUPIED SHORT-TERM RENTALS5 Requirements Vacation Rental Unit (VRU)Bed and Breakfast (B&B) Proposed Owner Occupied Short-Term Rental (OOSTR) Allowed in residential areas No Yes Yes Owner occupied No Yes Yes Building Code compliance Yes Yes Yes Total travelling public 3 bedrooms 3 guest rooms in residential zones. 6 guest rooms in commercial zones. 3 bedrooms 6 guests Annual licence Yes Yes Yes Number of parking spaces 2 spaces (tandem permitted) 1 space per guest room (in addition to spaces required for owner) 1 space for owner 1 for OOSTR +1 for 3 bedrooms (tandem permitted) VRU, B&B and OOSTR Summary Page 240 of 546 OWNER OCCUPIED SHORT-TERM RENTALS6 Municipality STA Type Maximum Guests Licensing Fees (annually)Max Days Additional Fees Niagara Falls Proposed OOSTR 3 guest rooms 6 guests $500.00 $250.00 renewal <28 MAT $5/day Toronto STR – Primary Residence, Residential Zones 3 guest rooms No Licence Required <28 Registration Fee $375 MAT 6% Ottawa STR – Primary Residence, Residential Zones 2 per room Max 8-10 guests No License Required <30 Host Permit $112/2 yrs Hamilton STR – Primary Residence, Residential Zones 2 per room $390 (entire dwelling) $90 (partial dwelling)<28 days Processing Fee $82 Fire Admin $41.81 Compliance Certificate $262 Vancouver STR – Primary Residence in any lawful residence 2 per room $1,060 <90 days Application Fee $74 Buffalo Commercial STR and OOSTR in Residential Zones Building Code Occupancy Limit $400 $200 (renewal) <30 Days (max 180 in total) N/A Municipal Common Practice Page 241 of 546 OWNER OCCUPIED SHORT-TERM RENTALS7 Municipality STA Type Maximum Guests Licensing Fees (annually)Max Days Niagara Falls Proposed OOSTR 3 guest rooms 6 guests $500.00 $250.00 renewal <28 Fort Erie OOSTR – Residential Zones 3 guest rooms 8 guests $750 (1-2 rooms) $1,250 (3 rooms)<30 St. Catharines STR – Residential Zones N/A $550 <28 Welland STR – Residential Zones 3 guest rooms $500 $75 renewal <28 Region of Niagara Municipal Common Practice Page 242 of 546 OWNER OCCUPIED SHORT-TERM RENTALS8 Municipality STA Type Maximum Guests Licensing Fees (annually) Max Days Niagara Falls Proposed OOSTR 3 guest rooms 6 guests $500.00 $250.00 renewal <28 Thorold STR – Residential Zones N/A $500 $400 Renewal <28 Lincoln STA – Residential and Commercial Zones Single: 6 guest rooms 12 guests Semi/Town/Acces sory structure: 2 guest rooms 4 guests 1 year license: $550.00 2 year license: $650.00 $150.00 Renewal <28 Niagara on the Lake Short Term Rental Licenses are Currently Paused and under Review Region of Niagara Municipal Common Practice Page 243 of 546 OWNER OCCUPIED SHORT-TERM RENTALSPUBLIC CONSULTATION& WHAT WE HEARD 9Page 244 of 546 OWNER OCCUPIED SHORT-TERM RENTALS10 March 16, 2025 – Council Meeting 1.Legislated Notification Requirements 2.Impact on Housing Supply and Affordable Housing 3.Considerations for the Tourism Industry 4.Permitting and Licensing Requirements 5.Requested Changes to Proposed Policy Page 245 of 546 OWNER OCCUPIED SHORT-TERM RENTALSLegislative Public Notice Requirements 11 Statutory Public Meeting | March 18, 2025 •Notice provided by Newspaper on February 22, 2025 •Prescribed Bodies •12 Delegates Page 246 of 546 OWNER OCCUPIED SHORT-TERM RENTALS12 Public Survey | November 4th – 25th, 2024 •8 questions •289 contributions Public Open House | December 9, 2024 •Notice provided on City website, Social Media, Newspaper and direct Email •38 direct email notifications •3000 views of public open house notice on Facebook •Presentation, information boards, comment sheets •Approximately 30 attendees •31 written submissions Stakeholder Consultation | December 11, 2024 Social Media Campaign | November 4th – 25th, 2024 •Let's Talk Website 2,368 views •Niagara Falls Facebook Post 17K views Additional Notice above Legislative Requirements Page 247 of 546 OWNER OCCUPIED SHORT-TERM RENTALSImpact on Housing Supply and Affordable Housing 13 •“Short Term Rentals and Housing affordability in Ontario Study” by Wachsmuth and St. Hillaire on behalf of Ontario Restaurant Hotel & Motel Association (specific to Niagara Falls) •There is a direct correlation between having STA regulations and minimizing impact of Short-Term Rentals on housing supply and affordability. •The Study concludes that non-resident, commercial STA have contributed to rising rents, increased demand and reduced housing availability for residents. •The Study demonstrates that restrictive STA regulations will force housing back onto the long-term rental market.Page 248 of 546 OWNER OCCUPIED SHORT-TERM RENTALSImpact on Housing Supply and Affordable Housing 14 •Proposed OOSTR regulations and licenses will be one of the most restrictive models for allowing Short Term Accommodations. •OOSTRs are restricted to ADUs as opposed to a Primary Residence Model. •The Owner is required to be present on site for the duration of the rental period. •Additional parking spaces must be provided on site to accommodate an OOSTR. With strong enforcement any Short-Term Accommodation that cannot meet the requirements would be forced back on the market – increasing housing supply. Page 249 of 546 OWNER OCCUPIED SHORT-TERM RENTALSConsiderations for the Tourism Industry 15 •Clear market demand for Short Term Accommodations as an option for visitors •Short Term Accommodations bring additional revenue into the City •Removal of all unlicensed Short-Term Accommodations will have an impact on the Tourism Industry •Establishing a maximum of 100 licenses for the City will have the effect of removing a large portion of the unlicensed Short-Term Accommodations in the City Page 250 of 546 OWNER OCCUPIED SHORT-TERM RENTALSPermitting and Licensing Requirements 16 •An OOSTR must receive a license to operate which requires: •Location of an ADU •Room Sizes •Ceiling Height •Windows •Plumbing •Heating and Ventilation, •Electrical facilities •Lighting •Fire safety •Smoke Alarms •Carbon Monoxide Alarms •Separate Entrance •Any housing unit must meet the requirements of the Ontario Building Code and Ontario Fire Code to prioritize public safety: •Primary Residence •Owner to be on-site •Demonstrate greater than 150 metres from another OOSTR •Compliance with Zoning By- law, Ontario Building Code, Fire Protection and Prevention Act Page 251 of 546 OWNER OCCUPIED SHORT-TERM RENTALSRequest for Changes to OOSTR Policy 17 •Definition of Owner to include other residents (i.e. children of owner) •Permission for the Owner to live near the OOSTR •Allow more than one OOSTR per site •Permit Owner to live anywhere on site (i.e. within an ADU) •Address parking issues •Allow more bedrooms/occupancy per OOSTR •Create a policy to allow a Primary Residence to be rented for a portion of the year without an Owner present •Provide a grace period for illegal STAs to become licensed before active enforcement •Expand VRU permissions to additional areasPage 252 of 546 OWNER OCCUPIED SHORT-TERM RENTALSIMPLEMENTATION 18Page 253 of 546 OWNER OCCUPIED SHORT-TERM RENTALS19 Pilot Project Pilot Project •August 2025 begin accepting OOSTR Licensing Applications •Monitor application locations and complaints •September 2026 end Pilot Project •December 2026 Report to Council Cap OOSTR Licenses •Issue a maximum of 100 Licenses per year •Licenses would be issued on a first come, first served basis •Renewal Licenses without complaints would be prioritized Restrict Concentration of OOSTRs •Minimum of 150 metres (9-12 houses) between the property lines of two OOSTRs Page 254 of 546 OWNER OCCUPIED SHORT-TERM RENTALS20 Pilot Project Council Report – December 2026 •Number of licenses issued •Concentration mapping •Number of complaints received •Number of fines issued •Impact on housing supply and rental rates *If the program is discontinued any licence holders will be allowed to continue operation. No new licenses will be issued.Page 255 of 546 OWNER OCCUPIED SHORT-TERM RENTALS21 Proposed OOSTR Areas Owner Occupied Short- Term Rentals are proposed to be permitted in most residential zones in the urban area Page 256 of 546 OWNER OCCUPIED SHORT-TERM RENTALS22 Regulations Page 257 of 546 OWNER OCCUPIED SHORT-TERM RENTALS23 Regulations Page 258 of 546 OWNER OCCUPIED SHORT-TERM RENTALS24 Enforcement Zoning By-law 79-200 •Owner Occupied Short-Term Rentals permitted in most urban residential zones •Applicable regulations are enforced by Municipal Enforcement Licensing By-law •Terms and Conditions of operating an Owner Occupied Short-Term Rental Municipal Accommodation Tax By-law •Implementation of a per night tax Administrative Monetary Penalty System By-law •New $1,000 per day fines for Owner Occupied Short-Term Rentals that: o Operate without a license o Operate outside of the terms and conditions of a license o Advertise without a valid license Fee By-law •$500.00 for initial application for a new license •$250.00 for license renewal Page 259 of 546 THANK YOU 25OWNER OCCUPIED SHORT-TERM RENTALSPage 260 of 546 CS-2025-38 Finance Report Report to: Mayor and Council Date: July 8, 2025 Title: Corporation of the City of Niagara Falls, Ontario – Trust Funds Financial Statements December 31, 2024 Recommendation(s) THAT Council APPROVE the draft Corporation of the City of Niagara Falls - Trust Funds audited financial statements for the year ended, December 31, 2024. Executive Summary The City’s auditors, KPMG LLP have completed the audit of the trust funds financial statements for the year ending December 31, 2024. This report is the presentation of those statements for Council’s review and endorsement. The statements are presented in draft form so that Council can approve them. The statements will then be finalized and published. Background The City of Niagara Falls is required to have an annual audit conducted by a qualified accounting firm to meet its obligations legislatively and for the banking covenants. The City has engaged KPMG LLP to perform the audit and they have issued an opinion on the financial statements. Strategic Plan Pillars Contributor(s) Tiffany Clark, Director of Finance James Dowling, Deputy Treasurer Matt Greenfield, Supervisor, Financial Reporting and Analysis List of Attachments DRAFT FS - 2024-12-31 City of Niag Falls Trust Funds Written by: Jennifer Little, Senior Financial Analyst Submitted by: Status: Tiffany Clark, Director of Finance Approved - 30 Jun Page 1 of 13 Page 261 of 546 2025 Shelley Darlington, General Manager of Corporate Services Approved - 02 Jul 2025 Jason Burgess, CAO Approved - 02 Jul 2025 Page 2 of 13 Page 262 of 546 DRAFT Financial Statements of CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Trust Funds And Independent Auditor’s Report thereon Year ended December 31, 2024 Page 3 of 13 Page 263 of 546 DRAFT CORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Trust Funds Index to Financial Statements Year ended December 31, 2024 Page Financial statements: Management Report Independent Auditor’s Report Statement of Financial Position 1 Statement of Financial Activities and Changes in Fund Balances 2 Statement of Remeasurement Gains and Losses 3 Notes to Financial Statements 4 Page 4 of 13 Page 264 of 546 DRAFT Management Report The accompanying financial statements of the Corporation of the City of Niagara Falls, Ontario – Trust Funds (the "Entity") are the responsibility of the Entity's management and have been prepared in accordance with Canadian public sector accounting standards established by the Public Sector Accounting Board of the Chartered Professional Accountants of Canada. The preparation of financial statements necessarily involves the use of estimates based on management's judgement, particularly when transactions affecting the current accounting period cannot be finalized with certainty until future periods. The Entity's management maintains a system of internal controls designed to provide reasonable assurance that assets are safeguarded, transactions are properly authorized and recorded in accordance with Canadian public sector accounting standards and reliable financial information is available on a timely basis for preparation of the financial statements. These systems are monitored and evaluated by management. The Board members meet with management and the external auditors to review the financial statements and discuss any significant financial reporting or internal control matters prior to their approval of the financial statements. The financial statements have been audited by KPMG LLP, Chartered Professional Accountants, independent external auditors appointed by the Entity. The accompanying Independent Auditor's Report outlines their responsibilities, the scope of their examination and their opinion on the Entity's financial statements. ________________________________ ______________________________ Jim Diodati Jason Burgess Mayor Chief Administrative Officer Date Page 5 of 13 Page 265 of 546 DRAFT INDEPENDENT AUDITOR’S REPORT To the Members of Council, Inhabitants and Ratepayers of the Corporation of the City of Niagara Falls, Ontario – Trust Funds Opinion We have audited the accompanying financial statements of The Corporation of the City of Niagara Falls, Ontario – Trust Funds (the “Entity”), which comprise: • the statement of financial position as at December 31, 2024; • the statement of financial activities and changes in fund balances for the year then ended; • the statement of remeasurement gains and losses as at December 31, 2024; and • notes, comprising a summary of significant accounting policies and other explanatory information. (hereinafter referred to as the “financial statements”) In our opinion, the accompanying financial statements present fairly, in all material respects, the financial position of The Corporation of the City of Niagara Falls, Ontario – Trust Funds as at December 31, 2024, and statement of financial activities and changes in fund balances for the year then ended in accordance with Canadian public sector accounting standards. Basis for Opinion We conducted our audit in accordance with Canadian generally accepted auditing standards. Our responsibilities under those standards are further described in the “Auditor's Responsibilities for the Audit of the Financial Statements” section of our report. We are independent of the Entity in accordance with the ethical requirements that are relevant to our audit of the financial statements in Canada, and we have fulfilled our other ethical responsibilities in accordance with these requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion. Page 6 of 13 Page 266 of 546 DRAFT Page 2 Responsibilities of Management and Those Charged with Governance for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with Canadian public sector accounting standards, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is responsible for assessing the Entity’s ability to continue as a going concern, disclosing as applicable, matters related to going concern and using the going concern basis of accounting unless management either intends to liquidate the Entity or to cease operations, or has no realistic alternative but to do so. Those charged with governance are responsible for overseeing the Entity’s financial reporting process. Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with Canadian generally accepted auditing standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of the financial statements. As part of an audit in accordance with Canadian generally accepted auditing standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We also: • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Entity's internal control. • Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management. Page 7 of 13 Page 267 of 546 DRAFT Page 3 • Conclude on the appropriateness of management's use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the Entity's ability to continue as a going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditors’ report to the related disclosures in the financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditors’ report. However, future events or conditions may cause the Entity to cease to continue as a going concern. • Evaluate the overall presentation, structure and content of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. • Communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit. Chartered Professional Accountants, Licensed Public Accountants St. Catharines, Canada Date Page 8 of 13 Page 268 of 546 DRAFTCORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Trust Funds Statement of Financial Position December 31, 2024, with comparative information for 2023(in thousands of dollars) Cemetery Perpetual Total Total Care Other 2024 2023 Assets Cash 1,756$ 22$ 1,778$ 1,440$ Investments (note 3): Federal 4,066 - 4,066 3,936 Corporate - 1 1 1 4,066 1 4,067 3,937 Due from City of Niagara Falls (note 4)78 - 78 59 5,900$ 23$ 5,923$ 5,436$ Fund Balances Fund balances 5,900$ 23$ 5,923$ 5,436$ 5,900$ 23$ 5,923$ 5,436$ Fund balances consist of: Accumulated operating surplus 5,902 23 5,925 5,432 Accumulated remeasurement gains (losses)(2) - (2) 4 5,900$ 23$ 5,923$ 5,436$ See accompanying notes to financial statements. On behalf of the Trusts: ________________________________ Mayor ________________________________ Chief Administrative Officer 1Page 9 of 13 Page 269 of 546 DRAFTCORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Trust Funds Statement of Financial Activities and Changes in Fund Balances For the year ended December 31, 2024, with comparative information for 2023(in thousands of dollars) Cemetery Perpetual Total Total Care Other 2024 2023 Receipts: Cemetery lot receipts 274$ -$ 274$ 327$ Interest 223 1 224 48 Land sale deposits - - - 114 Other income - 4 4 5 497 5 502 494 Expenditures: Transfer to operating fund - - - 342 Excess of receipts over expenditures 497 5 502 152 Net realized (losses) gains (9) - (9) - Net remeasurement (losses) gains (6) - (6) 4 Fund balance, beginning of year 5,418 18 5,436 5,280 Fund balance, end of year 5,900$ 23$ 5,923$ 5,436$ See accompanying notes to financial statements. 2Page 10 of 13 Page 270 of 546 DRAFTCORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Trust Funds Statement of Remeasurement Gains and Losses For the year ended December 31, 2024, with comparative information for 2023(in thousands of dollars) Cemetery Perpetual Total Total Care Other 2024 2023 Accumulated remeasurement gains, beginning of year 4$ -$ 4$ -$ Unrealized gains (losses) attributable to: Investments (6) - (6) 4 (2) - (2) 4 Amounts reclassified to the statement of operations Investments - - - - - - - - Accumulated remeasurement gains, end of year (2)$ -$ (2)$ 4$ See accompanying notes to financial statements. 3Page 11 of 13 Page 271 of 546 DRAFTCORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Trust Funds Notes to Financial Statements Year ended December 31, 2024 4 1. Significant accounting policies: The financial statements of The Corporation of the City of Niagara Falls (the “City”) trust funds (the “Trust”) are the representations of management prepared in accordance with Canadian public sector accounting standards established by the Public Sector Accounting Board (“PSAB”) of the Chartered Professional Accountants of Canada. (a) Basis of accounting: Revenue and expenses are reported on the accrual basis of accounting. Revenues are normally recognized in the year in which they are earned and measurable. Expenses are recognized as they are incurred and measurable as the result of receipt of goods or services and/or the creation of a legal obligation to pay. (b) Interest income: Interest income is reported as revenue in the period earned. (c) Investments: Investments consist of principal protected notes “PPNs” which are recorded at fair market value. Remeasurement of PPNs are measured through the statement of remeasurement gains and losses at December 31, 2024. The Trust also holds portfolio investments which are recorded at cost. When the investments incur a loss in value that is other than temporary, the investments are written down to their fair value and the loss is recognized in the statement of financial activities and changes in fund balances. 2. Investments: Trust fund investments of $973,196 (2023 – $453,695) are carried at fair market value. Investments of $3,092,865 (2023 - $3,482,707) are carried at cost and have a fair market value as at December 31, 2024 of $3,137,995 (2023 - $3,433,815). The fair market value represents the realizable value of investments if they were to be sold at December 31, 2024. These investments consist of bonds, treasury bills and portfolio investments. 3. Due to/from operating fund: The amounts owing to/from the operating fund are held with the City and are non-interest bearing with no fixed terms of repayment. Page 12 of 13 Page 272 of 546 DRAFTCORPORATION OF THE CITY OF NIAGARA FALLS, ONTARIO Trust Funds Notes to Financial Statements Year ended December 31, 2024 5 4. Other trust funds: 2024 2023 Rigg Estate $ 553 $ 528 W.L. Doran Estate 1,106 1,055 Moore Estate 9,351 5,053 McNiven Estate 553 528 McDonald Estate 442 422 Woodruff Estate 9,171 8,754 Coulsen Estate 332 317 Wilson Estate 553 528 C.J. Doran Estate 553 528 $ 22,614 $ 17,713 Page 13 of 13 Page 273 of 546 CS-2025-40 Report Report to: Mayor and Council Date: July 8, 2025 Title: Restrictions on Certain Forms of Participation in Council Meetings - Part 2 Recommendation(s) 1. That Council RECEIVE this report for information. 2. That Council DIRECT the submission of this report to the Council of the Regional Municipality of Niagara and ask that Council to provide their statement to the City of Niagara Falls as to the appropriateness of Regional Councillor Bateman’s actions. Executive Summary This report provides additional information and greater clarity to Staff’s actions at the June 17th, 2025 Council meeting. These additional facts and information should provide a different narrative to what has been represented in some media reports. The report also summarizes the rationale and foundation behind the City’s enforcement of its decorum policy for Council meetings. In addition, it gives some background on the actual text of Bill 9. Overall, Staff, the Mayor and the Niagara Regional Police each provided numerous options to the group to de-escalate the situation. Each option was spurned in favor of creating an unsafe, unwelcoming, undemocratic and uncivil situation in Council Chambers, a place where everyone should feel welcomed to express their view without fear of intimidation or bullying. Staff believe there is grounds to lodge an Integrity Commissioner complaint against Regional Councillor Bateman who participated in these activities, however Staff believe that this would only cost the taxpayers money, as such it has recommended that this report be sent to Regional Council and to have their Council provide comment back to our Council as to conduct and behaviour of their Council member. Page 1 of 18 Page 274 of 546 Background At the City Council meeting of June 17, 2025, protesters holding signs saying the “Women of Ontario Say NO,” were asked to put the signs down in accordance with the City’s decorum policy for Council meetings. Since they refused to put the signs down, the meeting did not start until after they did so. Police had to be called to ask them to either leave the chambers or put the signs down before the public meeting could begin. The same group had also asked for a deputation at the Council meeting with respect to Bill 9, the Municipal Accountability Act. The delegation/appointment request made specific mention that Council support is being sought for specific key changes to the proposed Municipal Accountability Act – Bill 9. In particular, the ask was for the Act to include provisions for councillors charged with assault: “Any councillor charged with assault while in public office be placed on automatic leave until resolved in the courts. If convicted, automatic removal will be applied.” This is a significant departure from the contents of Bill 9. Staff determined that the true subject of the deputation pertained to a matter that was currently in litigation in the court system. The deputation request was denied on the basis that the subject matter pertains to an ongoing legal proceeding. The City Clerk did provide the group with an alternative option to have a Councillor waive the procedural rules and have the group speak. At least, one Councillor did review this matter in contemplation but determined that the presentation was not similar to the ones previously provided to other Councils. The group has renewed its request to speak at the July 8th Council meeting, with identical language, and that request has been denied for the same reason as previous. In subsequent follow-up communications, the requester has stated that she has personally participated in delegating to other municipalities in the Province. The City Clerk has learned that as of the week of June 23, 2025, no other municipality in Niagara has received a request for this delegation to address the various municipal councils on this topic, including the Regional Municipality of Niagara and the City of St. Catharines, where Regional Councillor Haley Bateman is a representative. De-escalation attempts made: 1. The Mayor allowed the media to take photos of the group with their signs in Council Chambers so that they could get their media attention. The Mayor then asked that the signs be put down for the meeting to begin. This was refused. If the nature of the actions was to highlight the issue broadly it was accomplished at this time. 2. Staff informed and the Police informed the group that they could hold their signs and protest on City Hall grounds, just not in the Chamber. Again if their true Page 2 of 18 Page 275 of 546 meaning was to provide information of their viewpoint this could have been accomplished with this. 3. Niagara Regional Police spoke to the group for a lengthy period of time providing the group with multiple options. At the end the Police informed them that they were leaving the officers with no other choice but to place them under arrest. Even then the Police officer said why don’t you think about that for a few minutes prior to me doing that. Regional Councillor Bateman chose to be arrested. Again Regional Councillor Bateman could have easily followed the instructions of the Police officer. It is more than a little ironic that Regional Councillor Bateman did not follow Police instructions, as these are the same individuals that are on the front line of domestic violence charges. It is also disappointing that a Regional Councillor that has oversight of the Niagara Regional Police put three officers in a very difficult position of having to place a Regional Councillor under arrest. 4. The Police Officers stated that they would prefer not to place hands on the ladies and that was unnecessary for them to place them under arrest, all they had to do was to walk with the Officers. Regional Councillor Bateman again refused and the media photo of the officer placing his hand on her was taken. Again this was an unnecessary escalation to the situation. Analysis The City’s Decorum Policy The City’s decorum policy for its council meetings has a strong legal foundation. The policy helps the City comply with its statutory obligations. In addition, in the City’s view, the restriction on holding up signs in the public area of chambers does not contravene the Charter. The group has opposed Staff’s enforcement of the decorum policy, and more specifically, of the conditions that signs with messages not be held up inside chambers, and that legal matters outside council’s jurisdiction not be spoken to as part of the deputation. The question asked by the group was whether the decorum criteria came from a policy or a by-law, such as the procedural by-law. A link to the policy was shared with the requester. While the policy has additional detail compared to the City’s procedural by-law, it does not mean that the conditions therein are any less important or enforceable. With respect to the conditions at issue, the City has overarching non-negotiable statutory obligations that it must comply with regardless of whether they are written in a by-law or policy more specifically. The policy helps administer the City’s procedural by-law and statutory obligations. Page 3 of 18 Page 276 of 546 Regardless of whether there is a written by-law or not, the City must comply with the following statutory obligations, among others:  The obligation to keep City Staff and Council members and stakeholders participating in Council meetings safe and free of harassment under the Occupational Health and Safety Act.  The obligation to run Council meetings efficiently and in an orderly manner to address and deal with Council business under the Municipal Act.  The obligation to keep City property free of behaviour that could be a nuisance or cause a perception of a lack of safety under the Trespass Act.  The obligation to confine the subject matter of Council meetings to matters that are within Council’s jurisdiction under the Municipal Act. The holding up of signs and the proposed delegation had the intent of targeting individuals in Council chambers as well as speaking to legal matters outside of Council’s jurisdiction. Accordingly, Council is able to control its process to address these matters and empowered to restrict the holding up of signs and the proposed deputation under the Municipal Act. In addition, the right to expression under the Charter is not unlimited. It carries with it restrictions based on location. The law is clear that protesting is not permitted inside courtrooms, council chambers, and public areas of government buildings. Notably, while there is a right to expression, there is no right to a captive audience. Those who wish to convey a message cannot force that message upon unwilling individuals by attending a place those individuals cannot avoid, such as their place of work. Courts have recognized that individuals who protest or hold up signs inside government buildings in places such as council meetings and courtroom proceedings and lobbies are trying to disrupt the proceedings and force unwilling participants in those spaces to their message. The Charter does not protect such behaviours and impacts. In addition, if the protest itself could end up subjecting individuals to harassment or violence, that conduct is not protected under the Charter either. On June 17, 2025, the disruption, targeting and intimidation of individuals, including of Staff who had to remain within council chambers while the police were talking to the protesters, was significant and lasted about an hour. The City will continue to prevent any protesting behaviour that has the effects of forcing an unwilling audience, interfering with their efforts to engage in government business, and harassing individuals within spaces that must be used for council meetings. Page 4 of 18 Page 277 of 546 At the end of the day Staff have an obligation to provide a chamber where decisions can be made without undue influence or intimidation. Decisions in the chamber should be well rationed and based upon facts. Having signs or other communications that disrupt this interferes with the role of the chamber. Without these rules, decorum can be lost and when this happens, things can escalate so that it can create an unsafe situation. For example, if signs or other forms of communication were allowed unchecked, there is the potential for individuals to hold up signs saying Staff are stupid or incompetent, the Police are corrupt, or during a Diversity, Equity and Inclusion presentation on Pride month, individuals could hold signs and wear t-shirts demeaning gay relationships. This would create an unsafe situation and would be intimidating to the targeted individuals. Bill 9 Staff is also concerned that the group was placing an additional item onto its presentation of Bill 9 that was potentially extended beyond its written word and misrepresented in the submissions of the group. Bill 9 proposes amendments to the Municipal Act that confer additional abilities on the Integrity Commissioner of Ontario (“IC”) as part of certain investigations. In summary, Bill 9 (attached as Appendix 1) provides as follows: When an IC is conducting an investigation, and reaches, in their own determination, a conclusion that due to the seriousness of the matter being investigated, the councillor in question should vacate their seat on council, the IC may make such a recommendation. Council (excluding the councillor at issue) is then to vote on the recommendation as to whether the councillor in question should vacate their seat or not. In order to achieve a vacancy, the vote of remaining council must be unanimous. If the vote to vacate is not unanimous, the councillor does not have to vacate their seat. It remains to be seen whether Bill 9 comes in force. Essentially, we can look at Bill 9 as an extension of the IC’s powers, but very much still subject to the control of Council. The legislative principles behind Bill 9 also underpin existing provisions of the Municipal Act. Among others, these principles are as follows:  Ensuring that vacancies on Council are not treated lightly.  Ensuring that there is sufficient quorum on Council to deal with Council business.  Ensuring that elected councillors can continue to fully represent their constituents. Page 5 of 18 Page 278 of 546 Integrity Commissioner Complaint Staff did contemplate an integrity commissioner complaint against Regional Councillor Bateman. Niagara Region’s code of conduct has a number of factors in it including the three following:  Take into account the public character of their function  Conduct themselves in a way that maintains and promotes the public’s trust in Niagara Region  Serve their constituents in a conscientious and diligent manner Regional Councillor Bateman’s action in Staff’s opinion did not hold those standards during the City Council meeting in question. As a sitting Regional Councillor, she should have respected the rules of another municipality, held the City of Niagara Falls a public entity in due regard and supported and maintained the public trust of the Muncipality of Niagara Falls. As a sitting Regional Councillor, she should have followed the instructions of the Niagara Regional Police again to maintain the public trust in this institution. If a Regional Councillor wants to generate public debate and speak to a very serious matter in a rational way, there are better ways to conduct this exercise. Firstly, as a Regional Councillor, her first step should have been to obtain an endorsement of her ideas at Niagara Regional Council. If this was truly an issue of interest for all municipalities, Regional Councillor Bateman should have started with her Council and then, as it is routinely done, asked for the resolution to be sent to the other local municipalities. As an aside, the Mayor’s Youth Advisory Committee was making a presentation on the night in question to recap their leadership efforts during the year to make Niagara Falls and Niagara a better place. Staff is not sure what example the Regional Councillor was making to them on behalf of the Niagara Region. However at the end of the day, it is staff's opinion that an Integrity Commissioner complaint would create negative financial impact to the taxpayer. Staff believe that Niagara Region Council can on their own, provide a clear message to the City of Niagara Falls as well as other local area municipalities as to the expected behaviour of Regional Councillors at City Council meetings. Financial Implications/Budget Impact Page 6 of 18 Page 279 of 546 The public have an interest in municipal council meetings running efficiently and without undue interruptions or delays. Maintaining the City’s decorum policy for Council meetings helps achieve administrative efficiencies for the City. Overall the night in question led to a significant delay in Council so Staff and the public had to extend their work day. The police had to send officers to this call when they could have been undertaking other tasks. Staff have had to undertake additional questions and draft this report for the incident. Strategic/Departmental Alignment The recommendations in this report align with the City’s commitment to financial sustainability and implementing systems to reduce administrative costs. Strategic Plan Pillars List of Attachments Appendix 1 - Bill 9 Written by: Jason Burgess, CAO Nidhi Punyarthi, City Solicitor Bill Matson, City Clerk Submitted by: Status: Nidhi Punyarthi, City Solicitor Approved - 30 Jun 2025 Shelley Darlington, General Manager of Corporate Services Approved - 02 Jul 2025 Jason Burgess, CAO Approved - 02 Jul 2025 Page 7 of 18 Page 280 of 546 1ST SESSION, 44TH LEGISLATURE, ONTARIO 3 CHARLES III, 2025 Bill 9 An Act to amend the City of Toronto Act, 2006 and the Municipal Act, 2001 in relation to codes of conduct The Hon. R. Flack Minister of Municipal Affairs and Housing Government Bill 1st Reading May 1, 2025 2nd Reading 3rd Reading Royal Assent Page 8 of 18 Page 281 of 546 EXPLANATORY NOTE SCHEDULE 1 CITY OF TORONTO ACT, 2006 The Schedule amends Part V of the City of Toronto Act, 2006 with respect to codes of conduct. Here are some highlights: 1. Currently, the Act provides that the City shall establish a code of conduct. Re-enacted section 157 of the Act provides that the Lieutenant Governor in Council may make regulations prescribing a code of conduct for members of city council and of local boards (restricted definition). 2. New section 159.1 of the Act requires the Integrity Commissioner of Ontario to perform certain functions with respect to the Integrity Commissioner, including providing education and training to the Commissioner. 3. New section 160.0.1 of the Act provides that after conducting an inquiry under section 160 of the Act, the Commissioner may make a recommendation to the Integrity Commissioner of Ontario regarding whether the seat of the member who is the subject of the inquiry be declared vacant. New section 160.0.2 of the Act sets out the responsibilities of the Integrity Commissioner of Ontario upon receiving such a recommendation, including the responsibility to conduct an inquiry. Subsection 160.0.2 (4) of the Act sets out the actions the Integrity Commissioner of Ontario is required to take upon completion of their inquiry. 4. New section 160.0.3 of the Act sets out the consequences where the Integrity Commissioner of Ontario refers a matter back to the Commissioner. New section 160.0.4 of the Act sets out the consequences where the Integrity Commissioner of Ontario recommends that a member’s seat be declared vacant, including requiring city council to vote on such recommendation. SCHEDULE 2 MUNICIPAL ACT, 2001 The Schedule amends Part V.1 of the Municipal Act, 2001 with respect to codes of conduct. Here are some highlights: 1. Currently, the Act provides that municipalities shall establish codes of conduct. Re-enacted section 223.2 of the Act provides that the Lieutenant Governor in Council may make regulations prescribing a code of conduct for members of councils of municipalities and of local boards. 2. New section 223.3.1 of the Act requires the Integrity Commissioner of Ontario to perform certain functions with respect to Integrity Commissioners, including providing education and training to Commissioners. 3. New section 223.4.0.1 of the Act provides that after conducting an inquiry under section 223.4 of the Act, a Commissioner may make a recommendation to the Integrity Commissioner of Ontario regarding whether the seat of the member who is the subject of the inquiry be declared vacant. New section 223.4.0.2 of the Act sets out the responsibilities of the Integrity Commissioner of Ontario upon receiving such a recommendation, including the responsibility to conduct an inquiry. Subsection 223.4.0.2 (4) of the Act sets out the actions the Integrity Commissioner of Ontario is required to take upon completion of their inquiry. 4. New section 223.4.0.3 of the Act sets out the consequences where the Integrity Commissioner of Ontario refers a matter back to the Commissioner. New section 223.4.0.4 of the Act sets out the consequences where the Integrity Commissioner of Ontario recommends that a member’s seat be declared vacant, including requiring the council of the municipality to vote on such recommendation. Page 9 of 18 Page 282 of 546 Bill 9 2025 An Act to amend the City of Toronto Act, 2006 and the Municipal Act, 2001 in relation to codes of conduct CONTENTS 1. Contents of this Act 2. Commencement 3. Short title Schedule 1 City of Toronto Act, 2006 Schedule 2 Municipal Act, 2001 His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Contents of this Act 1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act. Commencement 2 (1) Except as otherwise provided in this section, this Act comes into force on the day it receives Royal Assent. (2) The Schedules to this Act come into force as provided in each Schedule. (3) If a Schedule to this Act provides that any of its provisions are to come into force on a day to be named by order of the Lieutenant Governor in Council, an order may apply to one or more of those provisions, and orders may be issued at different times with respect to any of those provisions. Short title 3 The short title of this Act is the Municipal Accountability Act, 2025. Page 10 of 18 Page 283 of 546 2 SCHEDULE 1 CITY OF TORONTO ACT, 2006 1 (1) The definition of “code of conduct” in section 156 of the City of Toronto Act, 2006 is repealed and the following substituted: “code of conduct” means the code of conduct prescribed under section 157; (“code de déontologie”) (2) Section 156 of the Act is amended by adding the following definitions: “Integrity Commissioner” means the Integrity Commissioner appointed by the City under section 158 and “Commissioner” has the same meaning; (“commissaire à l’intégrité”) “Integrity Commissioner of Ontario” means the Integrity Commissioner appointed under the Members’ Integrity Act, 1994; (“commissaire à l’intégrité de l’Ontario”) 2 Section 157 of the Act is repealed and the following substituted: Code of conduct 157 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing a code of conduct for members of city council and of local boards (restricted definition) and requiring such members to comply with the code of conduct; (b) requiring the Commissioner to provide education or training on the code of conduct to members of city council and of local boards (restricted definition); (c) requiring each member of city council and of a local board (restricted definition) to take the education and training relating to the code of conduct provided by the Commissioner; (d) requiring the Commissioner to hold meetings with members of city council and of local boards (restricted definition) regarding the matters and in the circumstances specified in the regulations and prescribing the time and form of such meetings; (e) providing for such other matters that, in the opinion of the Lieutenant Governor in Council, are necessary or desirable in relation to the code of conduct. Transition (2) A code of conduct established by the City under section 157 as it read before section 2 of Schedule 1 to the Municipal Accountability Act, 2025 came into force is of no force and effect. 3 The Act is amended by adding the following section: Integrity Commissioner of Ontario 159.1 (1) The Integrity Commissioner of Ontario shall perform the following functions: 1. Advise the City, on request, about the independence of a person being considered for appointment as the Commissioner, including whether the person has a conflict of interest. 2. Provide the prescribed education and training to the Commissioner as specified in the regulations. 3. Provide the prescribed information to the City about the status of the Commissioner’s training and education. 4. Conduct inquiries under section 160.0.2. 5. Any additional functions prescribed by the Minister of Municipal Affairs and Housing. Confidentiality (2) The Integrity Commissioner of Ontario and every person acting under their instructions shall preserve secrecy with respect to all matters that come to their knowledge in the course of their duties under this Part. Exception (3) Despite subsection (2), information may be disclosed, (a) by the member, or with their consent; (b) in a criminal proceeding, as required by law; or (c) as otherwise permitted in accordance with this Act. Freedom of Information and Protection of Privacy Act (4) Subsection (2) prevails over the Freedom of Information and Protection of Privacy Act. Page 11 of 18 Page 284 of 546 3 Regulations (5) The Minister of Municipal Affairs and Housing may make regulations, (a) prescribing education or training that the Integrity Commissioner of Ontario is required to provide under paragraph 2 of subsection (1) and the manner and timing in which the education or training is to be provided; (b) prescribing the information the Integrity Commissioner of Ontario must provide to the City for the purposes of paragraph 3 of subsection (1); and (c) prescribing additional functions for the purposes of paragraph 5 of subsection (1), including any conditions or limitations on those functions. 4 Section 160 of the Act is amended by adding the following subsection: Regulations (10) The Minister of Municipal Affairs and Housing may make regulations prescribing content requirements, standards and process requirements for inquiries conducted under this section, including prescribing, (a) the manner in which complaints shall be provided to the Commissioner; and (b) the types of complaints in respect of which the Commissioner may refuse to conduct or continue an inquiry. 5 The Act is amended by adding the following sections: Commissioner’s recommendation 160.0.1 (1) On completion of an inquiry conducted under section 160, the Commissioner may make a recommendation to the Integrity Commissioner of Ontario that the seat of a member of city council or of a local board (restricted definition) be declared vacant if the Commissioner is of the opinion that all of the following criteria are met: 1. The member has contravened the code of conduct. 2. The contravention is of a serious nature. 3. The member’s conduct that is the subject of the inquiry has resulted in harm to the health, safety or well-being of any person. 4. The penalties set out in subsection 160 (5) are insufficient to address the contravention or to ensure that the contravention is not repeated. Same (2) In considering whether the contravention is of a serious nature for the purposes of paragraph 2 of subsection (1), the Commissioner may consider, among other matters, whether the contravention is a repeated contravention. No recommendation during election period (3) No recommendation under subsection (1) shall be made during the period of time starting on nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, and ending on voting day in a regular election, as set out in section 5 of that Act. Limitation (4) No recommendation under subsection (1) shall be made after the sixth anniversary of the contravention. Regulations (5) The Minister of Municipal Affairs and Housing may make regulations prescribing content requirements, standards and process requirements for recommendations under this section. Inquiry by Integrity Commissioner of Ontario 160.0.2 (1) Where the Integrity Commissioner of Ontario receives a recommendation from the Commissioner under section 160.0.1 with respect to a member of city council or of a local board (restricted definition), the Integrity Commissioner of Ontario shall conduct an inquiry to determine whether the conduct of the member meets all of the criteria set out in subsection 160.0.1 (1). Considerations (2) In making a determination under subsection (1), the Integrity Commissioner of Ontario may consider, among other matters, whether, (a) the contravention negatively impacts public confidence in the ability of the member to discharge their duties; and (b) the contravention negatively impacts public confidence in the ability of city council or the local board (restricted definition) to fulfil its role, including by meeting its statutory obligations. Page 12 of 18 Page 285 of 546 4 Powers under Public Inquiries Act, 2009 (3) In conducting an inquiry under subsection (1), the Integrity Commissioner of Ontario may elect to exercise the powers under sections 33 and 34 of the Public Inquiries Act, 2009, in which case those sections apply to the inquiry. Decision on completion of inquiry (4) On completion of an inquiry under subsection (1), the Integrity Commissioner of Ontario shall take the following actions in the following circumstances: 1. If the Integrity Commissioner of Ontario determines that the member’s conduct does not meet all of the criteria set out in subsection 160.0.1 (1), the Integrity Commissioner of Ontario shall refer the matter back to the Commissioner. 2. If the Integrity Commissioner of Ontario determines that the member’s conduct does meet all of the criteria set out in subsection 160.0.1 (1), the Integrity Commissioner of Ontario shall make a report to city council recommending that city council declare the member’s seat vacant. Limitation (5) If the Integrity Commissioner of Ontario has not completed an inquiry under subsection (1) before nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, the Integrity Commissioner of Ontario shall terminate the inquiry on that day. Commencement of another inquiry (6) If an inquiry is terminated under subsection (5), the Integrity Commissioner of Ontario shall not commence another inquiry in respect of the matter unless, within six weeks after voting day in a regular election, as set out in section 5 of the Municipal Elections Act, 1996, the Commissioner makes a written request to the Integrity Commissioner of Ontario that the inquiry be commenced. Consequences of referral to Commissioner 160.0.3 (1) If a matter in respect of a member of city council or of a local board (restricted definition) is referred back to the Commissioner under paragraph 1 of subsection 160.0.2 (4), the Commissioner shall consider the matter and make a report to city council or the local board (restricted definition) with respect to whether the penalties described in subsection 160 (5) should be imposed on the member. Same (2) On receiving a report made under subsection (1), city council may impose either of the penalties described in subsection 160 (5) on the member. Same (3) On receiving a report made under subsection (1), the local board (restricted definition) may impose either of the penalties described in subsection 160 (5) on the member if city council has not imposed a penalty on the member under subsection (2) in respect of the same contravention. Regulations (4) The Minister of Municipal Affairs and Housing may make regulations prescribing content requirements, standards and process requirements for reports under this section. Consequences of recommendation to declare seat vacant 160.0.4 (1) Within 30 days of receiving a recommendation from the Integrity Commissioner of Ontario under paragraph 2 of subsection 160.0.2 (4), city council shall vote to determine whether to approve the Integrity Commissioner of Ontario’s recommendation. Vote (2) A recommendation referred to in subsection (1) shall be approved only if all members of city council, other than the members referred to in subsection (3) who are excluded from taking part in the vote, vote in favour of the recommendation. Excluded Members (3) The following members of city council are excluded from taking part in a vote for the purposes of subsection (2): 1. A member who is the subject of the inquiry. 2. A member who is not present at the meeting, and i. has been authorized to be absent by a resolution of city council, or ii. is on a pregnancy leave or parental leave. 3. A member who has any pecuniary interest, direct or indirect, as described in section 5, 5.2 or 5.3 of the Municipal Conflict of Interest Act. Page 13 of 18 Page 286 of 546 5 Same (4) Despite paragraph 1 of subsection (3) and sections 5, 5.2 and 5.3 of the Municipal Conflict of Interest Act, the member who is the subject of the recommendation may take part in the discussion of the matter, including making submissions to city council, and may attempt to influence the voting in respect of the matter, whether before, during or after the meeting, however, the member is not permitted to vote in respect of the matter. Consequences of approval of recommendation (5) If city council approves the recommendation under subsection (1), (a) the member of city council or of the local board (restricted definition) is removed from their seat and the seat is declared vacant; and (b) the member is disqualified from being a member of city council and of any local boards (restricted definition) for the four-year period beginning when the seat is declared vacant. No vacancy or penalty (6) If city council does not approve the recommendation under subsection (1), (a) the member of city council or of the local board (restricted definition) is not removed from their seat and the seat is not declared vacant; and (b) the city council and the local board (restricted definition) cannot impose the penalties described in subsection 160 (5). Dual vacancies (7) If a person holds a seat on city council and is a member of a local board (restricted definition) and one of those seats is declared vacant under this section, the other seat is deemed to be vacant. Regulations 160.0.5 The Minister of Municipal Affairs and Housing may make regulations governing transitional matters that arise out of the implementation of sections 160.0.1 to 160.0.4. 6 Subsection 161 (2.3) of the Act is amended by striking out “or” the end of clause (b), by adding “or” at the end of clause (c) and by adding the following clause: (d) in a recommendation to the Integrity Commissioner of Ontario under section 160.0.1. 7 Section 183 of the Act is repealed and the following substituted: Regulations 183 The Minister of Municipal Affairs and Housing may make regulations, (a) prescribing local boards for the purposes of the definition of “local board (restricted definition)” in section 156; (b) requiring the Commissioner to take the education and training specified in the regulations and providing for when and how such education and training must be taken; (c) requiring the Commissioner to provide reports or information and governing such reports or information, including specifying the time and manner for providing such reports or information and specifying the persons to whom the reports or information must be provided; (d) requiring the City or local boards (restricted definition) to provide reports or information relating to this Part to the public and governing such reports or information. 8 Paragraph 1 of subsection 208 (3) of the Act is amended by striking out “section 207” in the portion before subparagraph i and substituting “section 160.0.4 or 207”. Public Inquiries Act, 2009 9 Clause 34 (2) (a) of the Public Inquiries Act, 2009 is amended by striking out “160 (2)” and substituting “160 (2), 160.0.2 (3)”. Commencement 10 This Schedule comes into force on a day to be named by order of the Lieutenant Governor in Council. Page 14 of 18 Page 287 of 546 6 SCHEDULE 2 MUNICIPAL ACT, 2001 1 (1) The definition of “code of conduct” in section 223.1 of the Municipal Act, 2001 is repealed and the following substituted: “code of conduct” means the code of conduct prescribed under section 223.2; (“code de déontologie”) (2) Section 223.1 of the Act is amended by adding the following definitions: “Integrity Commissioner” means an Integrity Commissioner appointed by a municipality under section 223.3 and “Commissioner” has the same meaning; (“commissaire à l’intégrité”) “Integrity Commissioner of Ontario” means the Integrity Commissioner appointed under the Members’ Integrity Act, 1994; (“commissaire à l’intégrité de l’Ontario”) 2 Section 223.2 of the Act is repealed and the following substituted: Code of conduct 223.2 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing a code of conduct for members of councils of municipalities and of local boards and requiring such members to comply with the code of conduct; (b) requiring Commissioners to provide education or training on the code of conduct to members of councils and of local boards; (c) requiring each member of council and of a local board to take the education and training relating to the code of conduct provided by a Commissioner; (d) requiring Commissioners to hold meetings with members of councils and of local boards regarding the matters and in the circumstances specified in the regulations and prescribing the time and form of such meetings; (e) providing for such other matters that, in the opinion of the Lieutenant Governor in Council, are necessary or desirable in relation to the code of conduct. Transition (2) A code of conduct established by a municipality under section 223.2 as it read before section 2 of Schedule 2 to the Municipal Accountability Act, 2025 came into force is of no force and effect. 3 The Act is amended by adding the following section: Integrity Commissioner of Ontario 223.3.1 (1) The Integrity Commissioner of Ontario shall perform the following functions: 1. Advise municipalities, on request, about the independence of a person being considered for appointment as a Commissioner, including whether the person has a conflict of interest. 2. Provide the prescribed education and training to Commissioners as specified in the regulations. 3. Provide the prescribed information to a municipality about the status of each Commissioner’s training and education. 4. Conduct inquiries under section 223.4.0.2. 5. Any additional functions prescribed by the Minister. Confidentiality (2) The Integrity Commissioner of Ontario and every person acting under their instructions shall preserve secrecy with respect to all matters that come to their knowledge in the course of their duties under this Part. Exception (3) Despite subsection (2), information may be disclosed, (a) by the member, or with their consent; (b) in a criminal proceeding, as required by law; or (c) as otherwise permitted in accordance with this Act. Freedom of Information and Protection of Privacy Act (4) Subsection (2) prevails over the Freedom of Information and Protection of Privacy Act. Page 15 of 18 Page 288 of 546 7 Regulations (5) The Minister may make regulations, (a) prescribing education or training that the Integrity Commissioner of Ontario is required to provide under paragraph 2 of subsection (1) and the manner and timing in which the education or training is to be provided; (b) prescribing the information the Integrity Commissioner of Ontario must provide to a municipality for the purposes of paragraph 3 of subsection (1); and (c) prescribing additional functions for the purposes of paragraph 5 of subsection (1), including any conditions or limitations on those functions. 4 Section 223.4 of the Act is amended by adding the following subsection: Regulations (10) The Minister may make regulations prescribing content requirements, standards and process requirements for inquiries conducted under this section, including prescribing, (a) the manner in which complaints shall be provided to Commissioners; and (b) the types of complaints in respect of which Commissioners may refuse to conduct or continue an inquiry. 5 The Act is amended by adding the following sections: Commissioner’s recommendation 223.4.0.1 (1) On completion of an inquiry conducted under section 223.4, the Commissioner may make a recommendation to the Integrity Commissioner of Ontario that the seat of a member of council or of a local board be declared vacant if the Commissioner is of the opinion that all of the following criteria are met: 1. The member has contravened the code of conduct. 2. The contravention is of a serious nature. 3. The member’s conduct that is the subject of the inquiry has resulted in harm to the health, safety or well-being of any person. 4. The penalties set out in subsection 223.4 (5) are insufficient to address the contravention or to ensure that the contravention is not repeated. Same (2) In considering whether the contravention is of a serious nature for the purposes of paragraph 2 of subsection (1), the Commissioner may consider, among other matters, whether the contravention is a repeated contravention. No recommendation during election period (3) No recommendation under subsection (1) shall be made during the period of time starting on nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, and ending on voting day in a regular election, as set out in section 5 of that Act. Limitation (4) No recommendation under subsection (1) shall be made after the sixth anniversary of the contravention. Regulations (5) The Minister may make regulations prescribing content requirements, standards and process requirements for recommendations under this section. Inquiry by Integrity Commissioner of Ontario 223.4.0.2 (1) Where the Integrity Commissioner of Ontario receives a recommendation from a Commissioner under section 223.4.0.1 with respect to a member of council or of a local board, the Integrity Commissioner of Ontario shall conduct an inquiry to determine whether the conduct of the member meets all of the criteria set out in subsection 223.4.0.1 (1). Considerations (2) In making a determination under subsection (1), the Integrity Commissioner of Ontario may consider, among other matters, whether, (a) the contravention negatively impacts public confidence in the ability of the member to discharge their duties; and (b) the contravention negatively impacts public confidence in the ability of the council or local board to fulfil its role, including by meeting its statutory obligations. Page 16 of 18 Page 289 of 546 8 Powers under Public Inquiries Act, 2009 (3) In conducting an inquiry under subsection (1), the Integrity Commissioner of Ontario may elect to exercise the powers under sections 33 and 34 of the Public Inquiries Act, 2009, in which case those sections apply to the inquiry. Decision on completion of inquiry (4) On completion of an inquiry under subsection (1), the Integrity Commissioner of Ontario shall take the following actions in the following circumstances: 1. If the Integrity Commissioner of Ontario determines that the member’s conduct does not meet all of the criteria set out in subsection 223.4.0.1 (1), the Integrity Commissioner of Ontario shall refer the matter back to the Commissioner. 2. If the Integrity Commissioner of Ontario determines that the member’s conduct does meet all of the criteria set out in subsection 223.4.0.1 (1), the Integrity Commissioner of Ontario shall make a report to the municipality recommending that the municipality declare the member’s seat vacant. Limitation (5) If the Integrity Commissioner of Ontario has not completed an inquiry under subsection (1) before nomination day for a regular election, as set out in section 31 of the Municipal Elections Act, 1996, the Integrity Commissioner of Ontario shall terminate the inquiry on that day. Commencement of another inquiry (6) If an inquiry is terminated under subsection (5), the Integrity Commissioner of Ontario shall not commence another inquiry in respect of the matter unless, within six weeks after voting day in a regular election, as set out in section 5 of the Municipal Elections Act, 1996, the Commissioner makes a written request to the Integrity Commissioner of Ontario that the inquiry be commenced. Consequences of referral to Commissioner 223.4.0.3 (1) If a matter in respect of a member of council or of a local board is referred back to the Commissioner under paragraph 1 of subsection 223.4.0.2 (4), the Commissioner shall consider the matter and make a report to the municipality or local board with respect to whether the penalties described in subsection 223.4 (5) should be imposed on the member. Same (2) On receiving a report made under subsection (1), the municipality may impose either of the penalties described in subsection 223.4 (5) on the member. Same (3) On receiving a report made under subsection (1), the local board may impose either of the penalties described in subsection 223.4 (5) on the member if a municipality has not imposed a penalty on the member under subsection (2) in respect of the same contravention. Regulations (4) The Minister may make regulations prescribing content requirements, standards and process requirements for reports under this section. Consequences of recommendation to declare seat vacant 223.4.0.4 (1) Within 30 days of receiving a recommendation from the Integrity Commissioner of Ontario under paragraph 2 of subsection 223.4.0.2 (4), the council of the municipality shall vote to determine whether to approve the Integrity Commissioner of Ontario’s recommendation. Vote (2) A recommendation referred to in subsection (1) shall be approved only if all members of council, other than the members referred to in subsection (3) who are excluded from taking part in the vote, vote in favour of the recommendation. Excluded members (3) The following members of council are excluded from taking part in a vote for the purposes of subsection (2): 1. A member who is the subject of the inquiry. 2. A member who is not present at the meeting, and i. has been authorized to be absent by a resolution of council, or ii. is on a pregnancy leave or parental leave. 3. A member who has any pecuniary interest, direct or indirect, as described in section 5, 5.2 or 5.3 of the Municipal Conflict of Interest Act. Page 17 of 18 Page 290 of 546 9 Same (4) Despite paragraph 1 of subsection (3) and sections 5, 5.2 and 5.3 of the Municipal Conflict of Interest Act, the member who is the subject of the recommendation may take part in the discussion of the matter, including making submissions to council, and may attempt to influence the voting in respect of the matter, whether before, during or after the meeting, however, the member is not permitted to vote in respect of the matter. Consequences of approval of recommendation (5) If the council of the municipality approves the recommendation under subsection (1), (a) the member of council or of the local board is removed from their seat and the seat is declared vacant; and (b) the member is disqualified from being a member of council or of any local board of the municipality for the four-year period beginning when the seat is declared vacant. No vacancy or penalty (6) If the council of the municipality does not approve the recommendation under subsection (1), (a) the member of council or of the local board is not removed from their seat and the seat is not declared vacant; and (b) the municipality and the local board cannot impose the penalties described in subsection 223.4 (5). Dual vacancies (7) If a person holds a seat on the council of a local municipality and its upper-tier municipality and one of those seats is declared vacant under this section, the other seat is deemed to be vacant. Same (8) If a person holds a seat on council and is a member of a local board of the municipality and one of those seats is declared vacant under this section, the other seat is deemed to be vacant. Multiple vacancies (9) If a person holds a seat on the council of a local municipality and its upper-tier municipality and holds a seat on a local board of one of those municipalities and one of the seats is declared vacant, all of the seats are deemed to be vacant. Regulations 223.4.0.5 The Minister may make regulations governing transitional matters that arise out of the implementation of sections 223.4.0.1 to 223.4.0.4. 6 Subsection 223.5 (2.3) of the Act is amended by striking out “or” the end of clause (b), by adding “or” at the end of clause (c) and by adding the following clause: (d) in a recommendation to the Integrity Commissioner of Ontario under section 223.4.0.1. 7 Section 223.24 of the Act is repealed and the following substituted: Regulations 223.24 The Minister may make regulations, (a) prescribing local boards for the purposes of the definition of “local board” in section 223.1; (b) requiring Commissioners to take the education and training specified in the regulations and providing for when and how such education and training must be taken; (c) requiring Commissioners to provide reports or information and governing such reports or information, including specifying the time and manner for providing such reports or information and specifying the persons to whom the reports or information must be provided; (d) requiring municipalities or local boards to provide reports or information relating to this Part to the public and governing such reports or information. 8 Paragraph 1 of subsection 263 (5) of the Act is amended by striking out “section 262” in the portion before subparagraph i and substituting “section 223.4.0.4 or 262”. Public Inquiries Act, 2009 9 Clause 34 (2) (c) of the Public Inquiries Act, 2009 is amended by striking out “223.4 (2)” and substituting “223.4 (2), 223.4.0.2 (3)”. Commencement 10 This Schedule comes into force on a day to be named by order of the Lieutenant Governor in Council. Page 18 of 18 Page 291 of 546 CAO-2025-08 Business Development Report Report to: Mayor and Council Date: July 8, 2025 Title: Request for Downtown BIA funds for a downtown marketing and public relations pilot project. Recommendation(s) THAT Council APPROVE the transfer of $10,000 from the Downtown BIA unspent levy being held in reserve to fund a downtown marketing and public relations pilot project delivered by Queen Street Area (QSA) community group. Executive Summary At the May 26th meeting of the Downtown Committee, Sandor Legitfalvy of the Queen Street Area (QSA) community group presented a proposal for a marketing and public relations pilot project. The proposal includes digital media content creation, advertising on the downtown bus station television and radio advertising. The Downtown Committee approved a recommendation to City Council to fund the marketing and public relations pilot project and for staff to conduct the necessary due diligence. Background Prior to its dissolution, the Downtown Business Improvement Area (BIA) played a significant role in downtown destination marketing and public relations. Marketing of the downtown business community has since fallen off, with individual merchants doing what they can to promote the area. The Downtown Committee has identified marketing as an important activity that they would like to see continued. Sandor Legitfalvy is a web and graphic designer who has recently created an unincorporated community group called Queen Street Area (QSA). His past experience downtown includes graphic design for the former Downtown BIA and the Springlicious festival. The objective of QSA is to empower downtown with data, marketing and engagement. Analysis The downtown business district currently does not have any destination marketing or public relations beyond the individual efforts of merchants. Members of the Downtown Advisory Committee have discussed the need for increased destination marketing for Page 1 of 3 Page 292 of 546 the downtown, however implementing a marketing and public relations program is beyond the scope of the advisory committee and City staff. At the January 29th, 2025 meeting of the Downtown Committee, Sandor Legitfalvy of the QSA presented a marketing and public relations proposal to the Committee which included a funding request. As the Committee was in its infancy, the Committee received the proposal and advised the proponent to return at a future date. At the May 26th, 2025 meeting of the Downtown Committee, Sandor Legitfalvy returned with an updated proposal and received unanimous support and a motion to recommend that City Council approve funding for the QSA pilot project. The QSA pilot project provides a means of achieving a some destination marketing for the downtown. As a third party community group, QSA will manage the creation and implementation of a marketing and public relations pilot project with the following key deliverables:  Niagara Falls bus terminal (4555 Erie Avenue) television advertisements  Media content creation  Radio advertisements  Establish a web presence In order to fulfill this objective, the QSA has formed several key partnerships that will support the pilot project. The partners and their respective roles are as follows:  Niagara Falls Innovation Hub (NFIH): The NFIH will provide working and meeting space for the QSA.  University of Niagara Falls (UNF): Students from the UNF will have the opportunity to work on the initiative as part of a capstone project.  Mainly Niagara: Social media platform will enhance the online messaging and support community connections downtown. QSA is currently an unincorporated non-profit group. To ensure that there is adequate financial oversight of the pilot project, purchasing authority for all project expenditures will remain with the City. Operational Implications and Risk Analysis Noine. Financial Implications/Budget Impact No municipal budget impact. The $10,000 funding will be transferred from the Niagara Falls Downtown BIA reserve fund to offset project costs. Strategic/Departmental Alignment Page 2 of 3 Page 293 of 546 The downtown marketing and public relations pilot project supports the economic development of downtown and promotes stronger social cohesion between downtown businesses and the broader community. Strategic Plan Pillars Economic Diversification & Growth Fostering a balanced and sustainable local economy achieved by expanding and diversifying the types of industries and businesses operating within the community. Written by: Dean Spironello, Economic Development Officer Submitted by: Status: Serge Felicetti, Director of Business Development Approved - 30 Jun 2025 Jason Burgess, CAO Approved - 30 Jun 2025 Page 3 of 3 Page 294 of 546 CS-2025-37 Finance Report Report to: Mayor and Council Date: July 8, 2025 Title: Low Income Seniors and People with Disabilities Water and Property Tax Rebate Programs Recommendation(s) THAT Council RECEIVE report CS-2025-37 for information. Executive Summary This report provides unaudited 2024 results of the City's rebate programs, specifically, the Low income Seniors' Property Tax and Water Rebate programs and the People with Disabilities Property Tax and Water rebate programs. All programs have been included in their respective 2025 operating budgets. 2025 applications for all rebate programs will be available August 1, 2025 and similar to last year, the application period will end October 31, 2025. Applications for both rebates are available at City Hall, MacBain Centre or online. The new Low Income Senior and Persons with Disabilities deferral program will begin for the 2026 taxation year. Background The purpose of both the property tax and water rebate programs are to provide financial assistance to low income seniors and people with disabilities. In 2011, Council approved a Low Income Seniors' Property Tax Rebate and People with Disabilities Property Tax Rebate program April 20, 2021. Applicants may not stack rebates.  The 2025 Tax Supported Operating Budget includes a Low Income Seniors and People with Disabilities rebate budget of $85,000.  The 2025 Utility Budget, includes a budget amount of $112,200 for the Low Income Seniors' and People with Disabilities water rebate program. To qualify for the $102 Low Income Seniors' water rebate, a senior must:  have a municipal water account with the City of Niagara Falls, and  be a recipient of the Guaranteed Income Supplement. Page 1 of 3 Page 295 of 546 To qualify for the $102 People with Disabilities water rebate, a person must:  have a City of Niagara Falls water account, and  be a recipient of ODSP payments. To qualify for the $80 Seniors Property Tax Rebate, a senior must:  receive the Federal Guaranteed Income Supplement, and  own a primary residence in Niagara Falls. To qualify for the $80 People with Disabilities Property Tax Rebate, a person must:  be a property owner in the City of Niagara Falls, and  be a recipient of Provincial ODSP payments. City staff will take applications from residents that may qualify for either programs starting August 1, 2025. Applications are available at City Hall, MacBain Centre or online. The City will be notifying the general public through the upcoming water and sewer bills, as well as through newspaper advertising. Financial Implications/Budget Impact The 2024 budget impact of each program is different. In 2024, both water rebate programs were included in the utility budget as both rebates are related to water and wastewater fees that are directly used to fund water and wastewater services. Both rebate programs increase fees for all other users as the rebate program increases service expenses. The 2024 Low Income Seniors' and People with Disabilities Water Rebate program experienced a favourable budget variance of $4,842 with a budget of $112,200 and actuals of $107,358. Alternatively, both property tax rebate programs are included in the Tax Supported Operating Budget as most services in this budget are funded in full or partially through property tax revenue. The existence of both rebate programs increases property tax rates for all taxpayers as the existence of the rebate programs increases service expenses. The budgeted expenditure included in the 2024 Tax Supported Operating budget for the Low income Seniors' and People with Disabilities property tax rebate is $85,000 and the actual cost was $80,202. This represents a favourable budget variance of $4,798. Strategic Plan Pillars Contributor(s) Tiffany Clark, Director of Finance Written by: Page 2 of 3 Page 296 of 546 Amber Ferguson, Manager of Revenue Submitted by: Status: Tiffany Clark, Director of Finance Approved - 27 Jun 2025 Shelley Darlington, General Manager of Corporate Services Approved - 30 Jun 2025 Jason Burgess, CAO Approved - 30 Jun 2025 Page 3 of 3 Page 297 of 546 RCF-2025-11 Recreation and Culture Report Report to: Mayor and Council Date: July 8, 2025 Title: Children's Memorial Walkway at Fireman's Park-Update Recommendation(s) For the information of City Council. Executive Summary The Children’s Memorial Walkway project at Firemen’s Park commenced in 2021 following direction from City Council to design and budget a space for remembrance and reflection. Phase One, focused on creating accessible pathways and pollinator gardens, is now complete. Phase two introduces formal memorialization opportunities for community members in consultation with the Children’s Memorial Committee and the public. Cemetery Services staff will coordinate phase two. To date, features along the walkway, including butterfly benches, bronze butterflies, and a granite sculpture base have been installed. A range of Council-approved memorial options is now available to families, with pricing structures outlined in the report. Fundraising efforts will support all future installations, including a planned public art piece. This report provides an update on the project’s status and outlines the next steps as the initiative progresses through its second phase. Background In 2021, the City Council directed staff to design and budget the creation of a Children’s Memorial Walkway at Firemen’s Park. Over the following two years, staff worked closely with the Children’s Memorial Committee and community donors to implement Phase One, which included concrete walkways and pollinator gardens intended to create a peaceful space for reflection. Phase assumed has Services underway. now Cemetery project the of Two is In options. memorialization of and maintenance for responsibility coordination collaboration with the Committee and local families, the following features have been installed along the Children’s Memorial Walkway:  Three butterfly benches  A granite sculpture base (installed June 10)  Two bronze butterflies mounted on a garden stone. Page 1 of 3 Page 298 of 546 The following memorialization options are now available: Memorial Option Price Memorial Option Price Memorial Plaque (4”x6”) on Granite Sculpture Base $175.00 Memorial Plaque (4”x6”) with Life’s QR (2”x2”) $457.50 Bronze Butterfly on Garden Stone $368.00 Bronze Butterfly with Life’s QR (2”x2”) $650.50 Memorial Plaque (6”x8”) on Granite Sculpture Base $250.00 Memorial Plaque (6”x8”) with Life’s QR (2”x2”) $532.50 Memorial Plaque (8”x10”) on Granite Sculpture Base $325.00 Memorial Plaque (8”x10”) with Life’s QR (2”x2”) $607.50 Tree with Memorial Tag $860.00 Tree with Memorial Stake $1,060.00 Tree with Life’s QR Stake $1,149.00 Bench with Memorial Tag $4,300.00 Bench with Life’s QR Plaque (2”x2”) $4,582.50 Staff will ensure the donation and memorial options are posted on the City’s website once the updated page is live. Discussions are ongoing with the Committee regarding the installation of a public art sculpture atop the granite base. This feature will be funded through private donations from Committee members and community supporters. Financial Implications/Budget Impact The capital portion of the Children’s Memorial Walkway project is complete. All future installations and enhancements will be funded through continued community fundraising led by the Committee. Strategic/Departmental Alignment This project supports the City of Niagara Falls’ strategic vision of building a vibrant, sustainable city by creating inclusive, connected public spaces that reflect community values and encourage civic engagement. Strategic Plan Pillars Written by: JP Narbonne, Manager of Cemetery Services Submitted by: Status: Page 2 of 3 Page 299 of 546 Kathy Moldenhauer, General Manager of Recreation, Culture & Facilities Approved - 26 Jun 2025 Jason Burgess, CAO Approved - 30 Jun 2025 Page 3 of 3 Page 300 of 546 1 Heather Ruzylo From: Emily Tropea <etropea@niagarafalls.ca> Sent: Wednesday, July 2, 2025 2:07 PM To: Cc: Heather Ruzylo <hruzylo@niagarafalls.ca>; William Matson <billmatson@niagarafalls.ca>; Kristine Elia <kelia@niagarafalls.ca> Subject: Re: [EXTERNAL]-Proclamation Request for a Visiting Minister of Religion Good afternoon Karon, We discovered the issue and your email was released through our system. I'm putting you in touch with Heather & Bill in our Clerks department for consideration to add to Council Agenda for this Tuesday's council meeting. Trusting they'll be in touch with follow-up questions, if any, Thanks! Emily Emily Tropea | Executive Assistant | Office of the Mayor and CAO | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 5101 | etropea@niagarafalls.ca From: karon Chambers < Sent: Thursday, June 26, 2025 7:51 PM To: Jim Diodati <jdiodati@niagarafalls.ca> Subject: [EXTERNAL]-Proclamation Request for a Visiting Minister of Religion Hi Mayor Jim Diodati I live in the Niagara Region and is member of a religious body known as the Church of God and Saints of Christ. Our group will be hosting a religious weekend service in the Niagara region for the first time and will be having an Elder, a Minister visiting from our Head Quarters located in the United States. The date of the event is July 19, 2025. We are humbly requesting a proclamation from you the Mayor acknowledging the presence of visiting our visiting Minister. Additionally, we would be elated to have you attend and present this proclamation. If you are unable to attend, we welcome any member of your team to make this presentation. The Church would be highly appreciative to have this proclamation and to have you in attendance. Please advise if our request is at all possible and what are the necessary steps, we need to take to make this happen. I await your favourable response. Regards, Karon Chambers Get Outlook for iOS CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 301 of 546 2 Page 302 of 546 City of Niagara Falls, Ontario, Canada Office of the Mayor Proclamation Honoring Elder Robert D. Grant, Jr. Church of God and Saints of Christ, Tabernacle No. 3 – Cleveland, Ohio On the Occasion of the 10th Annual Deliverance Weekend hosted by Church of God and Saints of Christ – Toronto Tabernacle No. 1 WHEREAS, Elder Robert D. Grant, Jr. has long served as a faithful and gifted minister within the Church of God and Saints of Christ, and his presence in the City of Niagara Falls for the 10th Annual Deliverance Weekend, hosted by Toronto Tabernacle No. 1, reflects his continued commitment to spiritual unity, worship, and cross-border fellowship; and WHEREAS, Elder Grant has demonstrated a deep and enduring love for the Church’s music ministry since his youth, founding choirs such as the Western Establishment and New Jerusalem, which have blessed congregations near and far with sacred music and praise; and WHEREAS, his musical gifts have been shared globally through professional choral performances, including international stages in cities such as Prague, demonstrating his exceptional talent and dedication to his calling; and WHEREAS, Elder Grant is a dual Master’s degree scholar, holding advanced degrees in Choral Conducting and in Teaching and Education, exemplifying his pursuit of excellence not only as a performer and director, but as an educator and mentor; and WHEREAS, he now serves in the esteemed role of Minister of Music and General Chorister of the entire Church of God and Saints of Christ, faithfully guiding its worship and music ministry with reverence, skill, and spiritual insight; and WHEREAS, while Elder Grant’s musical and academic achievements are remarkable, it is his anointed gift to preach the uncompromised Word of God—as a newly ordained minister of the Class of 2023—that stands as his greatest calling and source of impact; and WHEREAS, his leadership, service, and unwavering faith continue to uplift the Church community and inspire believers across generations; NOW, THEREFORE, I, Jim Diodati, Mayor of the City of Niagara Falls, Ontario, do hereby recognize and honor Elder Robert D. Grant, Jr., extending our deepest appreciation for his contributions to faith, music, education, and ministry. Let it be known that Saturday, July 19, 2025, is hereby proclaimed as: Elder Robert D. Grant, Jr. Day in the City of Niagara Falls, Ontario Page 303 of 546 May his presence among us during this Deliverance Weekend renew our collective spirit and deepen our devotion to the work of the Lord. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Niagara Falls to be affixed this ____ day of July, 2025. Jim Diodati Mayor, City of Niagara Falls, Ontario Page 304 of 546 Niagara Falls Soccer Club 3800 Springdale Ave 905-374-4040 E-Mail: nfscoffice@nfsc.ca Web: www.nfsc.ca Dear City Council, The Niagara Falls Soccer Club is hosting our 63rd annual A.C. Douglas Soccer Tournament and Festival on the August 9-10 weekend at various parks across the City of Niagara Falls. We kindly request that the City waive the bylaw and allow us to have food trucks at the event. Thank you, Paul Lepiane Niagara Falls Soccer Club President Paul Lepiane Page 305 of 546 1 Heather Ruzylo From: program@africanwomenacting.org <program@africanwomenacting.org> Sent: Thursday, June 26, 2025 11:57 AM To: William Matson <billmatson@niagarafalls.ca> Cc: Debra Jones <debrajones@niagarafalls.ca>; Admin <admin@africanwomenacting.org> Subject: [EXTERNAL]-Request for Municipal Resolution Letter – AWA Festival (SOP Application) Dear Mr. Matson, I’m writing on behalf of African Women Acting (AWA). We’re organizing the AWA Niagara Festival 2025, a public cultural event to be held on Saturday, August 16 and Sunday, August 17, 2025, from 2 p.m. to 10 p.m. at City Hall Centennial Square, 4310 Queen Street, Niagara Falls, ON L2E 2K9. Our organization does hold a liquor license, however, for this particular event, we are planning to serve and sell alcohol outside of our licensed premises. As a result, we are required to apply for a Special Occasion Permit (SOP) through the Alcohol and Gaming Commission of Ontario (AGCO) in order to lawfully serve alcohol at this outdoor public event. In order to complete our application for a Special Occasion Permit (SOP) with the Alcohol and Gaming Commission of Ontario, we require a municipal resolution or signed letter from the Clerk’s office designating this event as a municipally significant public event, as per AGCO guidelines. Could you please advise if the Clerk’s office could provide us with such a letter or resolution? If there are any forms, or details required from our end, please let us know. Thank you for your assistance. Your support will help us ensure a smooth and compliant process for the festival. We greatly appreciate your time and guidance. Warm regards, Lee Coustia On behalf of African Women Acting (AWA) 귗귘귙귚귛귝규 program@africanwomenacting.org 궭궮 (343)987- 5181 -- African Women Acting (AWA) Official Promo: https://www.youtube.com/watch?v=4CTCoZXH3YM Head Office:585 Dundas St. E., 3rd Fl. Toronto ON M5A 2B7 www.africanwomenacting.org | Follow us on Twitter | Like us on Facebook | Branch Office:4337 Queen St. Niagara Falls, Ontario L2E 2K9 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Page 306 of 546 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca June 19, 2025 CL 8-2025, May 22, 2025 PEDC 4-2025, May 7, 2025 PDS 4-2025, May 7, 2025 Distribution List SENT ELECTRONICALLY Woodland Conservation By-law Update PDS 4-2025 Regional Council, at its meeting held on May 22, 2025, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 4-2025, dated May 7, 2025, respecting Woodland Conservation By-law Update, BE RECEIVED and the following recommendations BE APPROVED: 1. That By-law No. 2020-79, being A By-Law to Prohibit or Regulate the Destruction or Injuring of Trees in Woodlands in The Regional Municipality of Niagara (short title being the “Woodland Conservation By-law”), BE AMENDED to reflect the changes set out in Appendix 2 to Report PDS 4-2025; 2. That the necessary amending By-law BE PREPARED and PRESENTED to Regional Council for consideration; and 3. That Report PDS 4-2025 and a final copy of the amended By-law, BE CIRCULATED to the Local Area Municipalities, NPCA, Niagara Federation of Agriculture, Niagara Woodlot Association, Niagara Home Builders Association, Niagara Construction Association and Niagara Parks Commission. A copy of Report PDS 4-2025 and By-law No. 2025-24 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk js CLK-C 2025-055 Page 307 of 546 Page 2 cc: D. Root, Regional Forester M. Sergi, Deputy Chief Administrative Officer N. Oakes, Executive Assistant to Deputy Chief Administrative Officer Distribution List: Local Area Municipalities Niagara Peninsula Conservation Authority Niagara Federation of Agriculture Niagara Woodlot Association Niagara Home Builders Association Niagara Construction Association Niagara Parks Commission Page 308 of 546 PDS 4-2025 May 7, 2025 Page 1 Subject: Woodland Conservation By-law Update Report to: Planning and Economic Development Committee Report date: Wednesday, May 7, 2025 Recommendations 1. That By-law No. 2020-79, being A By-Law to Prohibit or Regulate the Destruction or Injuring of Trees in Woodlands in The Regional Municipality of Niagara (short title being the “Woodland Conservation By-law”), BE AMENDED to reflect the changes set out in Appendix 2 to Report PDS 4-2025; 2. That the necessary amending By-law BE PREPARED and PRESENTED to Regional Council for consideration; and 3. That Report PDS 4-2025 and a final copy of the amended By-law, BE CIRCULATED to the Local Area Municipalities, NPCA, Niagara Federation of Agriculture, Niagara Woodlot Association, Niagara Home Builders Association, Niagara Construction Association and Niagara Parks Commission. Key Facts • The purpose of this report is to present the updated Niagara Region Woodland Conservation By-law for Regional Council review and approval. • Niagara Region’s Woodland Conservation By-law was last updated in 2020. Since then many significant changes have been made to Regional and Provincial planning policies and documents, including official plans. • The goal of the updates is to ensure that the By-law can continue to be effectively interpreted and administered in response to changing natural heritage definitions and planning responsibilities in Niagara Region. • The majority of changes relate to Agricultural Use exemptions. Further minor changes and modernizations are also recommended. Page 309 of 546 PDS 4-2025 May 7, 2025 Page 2 Financial Considerations Financial costs of undertaking the Woodland Conservation Bylaw review internally have been accommodated within the approved 2024 and 2025 Infrastructure Planning operating budgets. The budget covers staffing and associated expenses for one full- time staff member, a Registered Professional Forester, to administer this By-law. Analysis Background: The Woodland Conservation By-law Section 135(2) of the Municipal Act authorizes upper-tier municipalities to pass by-laws regulating activities that injure or destroy trees within woodlands greater than one hectare in size, as defined in the Forestry Act. Regional Council passed the Woodland Conservation By-law 2020-79 in October 2020. The current version of the Woodland By-law has been administered internally by Regional staff since January 31st, 2021. Changing Official Plans and Planning Authority Requires By-law Update The current iteration of the Woodland By-law contains language referring to environmental designations as provided for in the then current Regional Official Plan (2014), and the official plans of local municipalities. Regional Council adopted the most recent version of the Niagara Official Plan (NOP) in June 2022, two years after enacting the current Woodland Conservation By-law. In 2022, the Provincial government passed Bill 23, the More Homes Built Faster Act, 2022, which has the effect of making Niagara Region an “upper-tier municipality without planning responsibilities” effective March 31st, 2025. As a result, the NOP will be downloaded to the lower tier municipalities until such time as it is replaced by updated local official plans. Taken together, these changes create the need to update Niagara Region’s Woodland Conservation By-law to ensure viability and clear interpretation going forward. Consultation As a result of the changing planning responsibilities in Niagara Region, Niagara Staff conducted an internal analysis and consulted with the Regional Agriculture Policy and Action Committee and Local Area Municipalities. Page 310 of 546 PDS 4-2025 May 7, 2025 Page 3 The Woodland By-law was reviewed internally by Regional by-law and planning staff, and a first draft of proposed revisions was sent to members of the Agricultural Policy and Action Committee (APAC) and area municipalities in the Spring of 2024. Proposed updates to the By-law were modified based on feedback received by APAC members and area municipalities. Further modifications to the proposed changes were made following a review by internal legal staff. A second draft of proposed changes was sent to APAC members and area municipalities in February 2025. Comments and discussion with APAC members lead to further minor revisions. Proposed Changes to the Woodland By-law The proposed by-law modernizations are largely driven by the need to ensure alignment with the reality of planning policy in Niagara Region going forward – post Bill 23. In this way, the substantive updates are principally the result of: (i) ensuring alignment with the Niagara Official Plan (2022); (ii) the Region’s Official Plan being transitioned to local area municipalities; and/or (iii) aligning the By-law to the 2024 Provincial Planning Statement, as set out below: Section 1.1: The definition of “Agricultural Use” was updated to match language in the most recent Provincial Planning Statement (2024) Section 1.26: The Sensitive Natural Area Definition was updated to refer to environmental features in the 2022 NOP that now receive a similar level of protection to Environmental Protection Area features in the 2014 NOP. The 2014 Official Plan divided all natural heritage features into one of two categories: Environmental Conservation Area (ECA) and Environmental Protection Area (EPA). Within ECAs, certain activities were permitted provided that a no net-negative impact threshold was maintained. In contrast, EPA designation represented a higher, “no touch” level of environmental protection. The 2022 version of the Niagara Official Plan eliminates ECA and EPA categories, instead assigning specific protection thresholds to individual environmental feature types. The updated Sensitive Natural Areas definition includes features afforded a “no touch” level of protection in the 2022 NOP, aligning the By-law with environmental protection levels in the current council-approved Official Plan. Section 4.15: The agricultural exemption has been streamlined, and references to local official plans have been added. Specifically, clarification that Urban Area boundaries are determined by Local Official Plans, rather than the Regional Official Plan. The updates further clarify that for Local Area Municipalities that use zoning overlay systems, environmental overlays cannot be ignored when determining whether an area is designated for agricultural use in a Local Official Plan. This change recognizes the Page 311 of 546 PDS 4-2025 May 7, 2025 Page 4 increased role that area municipalities will play in determining the location and extent of environmental features in their updated official plans. Given the updates to the definition of “Sensitive Natural Areas” the reference to permit application for Sensitive Natural Areas has been removed. The By-law permitting system continues to be addressed in Sections 5 and 6 of the By-Law where, in accordance with the requirements of those sections, applications can be submitted for Good Forestry Practices Permits. Finally, the references to Normal Farm Practices have been removed, and a new separate exemption explicitly related to activities that are Normal Farm Practices has been created. Section 4.16: A stand-alone exemption for Normal Farm Practices ensures that pre- existing and ongoing agricultural practices will not be impacted by the updated Sensitive Natural Areas definition. An additional change is being recommended to Section 9 which removes a potential remedy that has not, as a practical matter, ever been used in the context of this By-law. Regional by-law staff will maintain the ability to issue Orders, charge a landowner with a By-law violation for failing to comply with an Order, and to register Orders on title following a legal process. Redline and clean copies of the updated By-law are found in Appendix 1 and Appendix 2, respectively, which capture the above referenced edits together with some additional housekeeping items. Appendix 3 provides a summary of impacted sections. Alternatives Reviewed Alternate draft updates to the Woodland By-law were considered and circulated by Regional Staff to members of Agricultural Policy and Action Committee and local municipalities and were reviewed by internal Legal staff. Many proposed changes were either modified or removed based on feedback received by APAC members and area municipalities. The final version of proposed updates aims to maintain the By-law in its current structure while aligning environmental protection objectives with changing language and expectations in relevant municipal official plans. Not updating the By-law will result in definitions that are misaligned with relevant planning language and objectives resulting in challenges to by-law interpretation and enforceability by staff and the public. Page 312 of 546 PDS 4-2025 May 7, 2025 Page 5 Relationship to Council Strategic Priorities Effective Region - The proposed changes will ensure that the Woodland By-law remains enforceable and clearly understood in a changing municipal context. Green and Resilient Region - The proposed updates align with expanded protection of Significant Woodlands enacted by council through the adoption of updated environmental policies in the 2022 Regional Official Plan. Prosperous Region - The proposed updates expand and clarify the exemption for Normal Farm Practices, ensuring that preexisting agricultural uses can continue on existing farmland in Niagara Region. Other Pertinent Reports • DPD 49-2006 - Update on the Tree Conservation By-law • CAO 4-2008 - Tree and Forest Conservation By-law Amendments • DPD 133-2007 - Tree and Forest Conservation By-law Amendments • Service Level Agreement Tree and Forest Conservation By-law August 2008 • PDS 13-2019 - Initiation of a Woodland By-law Review (https://www.google.com/url?client=internal-element- cse&cx=005774670460367375179:kxndu-yx3mm&q=https://pub- niagararegion.escribemeetings.com/filestream.ashx%3FDocumentId%3D2496&sa= U&ved=2ahUKEwj8wpCEgfGMAxUxLVkFHeHQASsQFnoECAEQAg&usg=AOvVaw 0aQWm117ShZrUNfdIxpyEZ) • CWCD 41-2020- Woodland By-law Review Update • PDS 16-2020 Woodland Conservation By-law Review (https://www.google.com/url?client=internal-element- cse&cx=005774670460367375179:kxndu-yx3mm&q=https://pub- niagararegion.escribemeetings.com/filestream.ashx%3FDocumentId%3D11805&sa =U&ved=2ahUKEwi1yKL4g_GMAxXCEFkFHY_lNSkQFnoECBIQAg&usg=AOvVaw 2wo-Fg6C5ukAiy1bWhpvOc) Page 313 of 546 PDS 4-2025 May 7, 2025 Page 6 ________________________________ Prepared by: Daniel Root, RPF Regional Forester Public Works Department _______________________________ Recommended by: Terry Ricketts, P.Eng. Commissioner of Public Works Public Works Department ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Cara Lampman, Manager of Environmental Planning, and reviewed by Brian Wilson, Legal Counsel and Diana Morreale, Director of Growth Management and Planning. Appendices Appendix 1 Revised Woodland Conservation By-law (2020-79) – mark-up copy Appendix 2 Niagara Region Woodland Conservation By-law (2025-xx) – clean copy Appendix 3 Table summarizing proposed Woodland by-law updates Page 314 of 546 PDS 4-2025 - Appendix 1 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. <> A BY-LAW TO PROHIBIT OR REGULATE THE DESTRUCTION OR INJURING OF TREES IN WOODLANDS IN THE REGIONAL MUNICIPALITY OF NIAGARA WHEREAS Section 135(2) of the Municipal Act, 2001, S.O. 2001, c. 25, (the “Act”), as amended, provides that Regional Council may by bylaw prohibit or regulate the destruction or injuring of trees in woodlands designated in the by-law; AND WHEREAS Section 135(7) of the Municipal Act provides that the by-law may require that a permit be obtained to injure or destroy trees in woodlands as designated in the by-law and impose conditions on a permit, including conditions relating to the manner in which destruction occurs and the qualification of persons authorized to injure or destroy trees; AND WHEREAS Regional Council the Council for The Regional Municipality of Niagara (“Regional Council”) deems it desirable to enact such a by-law for the purposes of: conserving and improving the Woodlands in the Regional Municipality of Niagara (the “Region”) through Good Forestry Practices; promoting Good Forestry Practices that sustain healthy Woodlands and related natural habitats and environments; helping to achieve the objectives of the Regional Official Plan to ensure Ensuring the long-term health and productivity of Wwoodlands; regulating and controlling the removal, maintenance and protection of trees in Woodlands; protecting, promoting and enhancing the values of Woodlands; contributing to human health, recreation, enjoyment and quality of life through the maintenance of Woodland cover; enhancing biodiversity and forest resilience to help our communities adapt to climate change; supporting the objective of the Regional Official Plan to maintain, restore and, enhance the ecological health, integrity and biodiversity of the Core Natural Heritage System and its contributions to a Healthy Landscape as defined in the Regional Official Plan; and, supporting the objective of the Regional Official Plan to maintain, restore and, enhance the ecological health, integrity and biodiversity Page 1 of 21 Page 315 of 546 PDS 4-2025 - Appendix 1 of the Core Natural Heritage System and its contributions to a Healthy Landscape as defined in the Regional Official Plan; and, WHEREAS on October 22, 2020 By-law No. 2020-79 April 10, 2008 By-law No. 30-2008 was passed by Regional Council and this by-law has been in place to prohibit or regulate the destruction or injuring of trees in Woodlands in the Region; AND WHEREAS Regional Council wishes to repeal By-law No. 2020-79 By-law No. 30- 2008 and replace same with an updated By-law regulating the destruction or injuring of trees in Woodlands in the Region; NOW THEREFORE the Council of The Regional Municipality of NiagaraRegional Council enacts as follows: 1. DEFINITIONS In this By-law: 1.1 "Agricultural Use" means the growing of crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated onfarm buildings and structures, including, but not limited to livestock facilities, manure storages, value-retaining facilities, and accommodation for full-time farm labour when the size and nature of the operation requires additional employment. the commercial production of crops and/or raising of livestock for human use and includes ploughing, seeding, Harvesting, leaving land fallow as part of a conventional rotational cycle, production of tree fruits and grapes, grazing, animal husbandry, and buildings and structures associated with these activities; 1.2 "Area Municipality" means any one of the municipalities of the Town of Fort Erie, Town of Grimsby, Town of Lincoln, City of Niagara Falls, Town of Niagara-on- the-Lake, Town of Pelham, City of Port Colborne, City of St. Catharines, City of Thorold, Township of Wainfleet, City of Welland, and the Township of West Lincoln; 1.3 “Building Permit” means a building permit issued by an Area Municipality under the Building Code Act, 1992, S.O. 1992, c.23, as amended; Page 2 of 21 Page 316 of 546 PDS 4-2025 - Appendix 1 1.4 “Bumper Tree” means a poor quality, low value tree that grows in close proximity to higher value trees and is located along skid roads to protect residual trees from damage during logging and skidding operations; 1.5 “Coppice growth” means clump growth where more than one tree stem grows from a single tree stump and the point of measurement for such growth means that point on each stem measured immediately above the point of fusion, provided such point of fusion is less than 1.37 metres above the highest point of undisturbed ground at the base of the coppice or clump growth; 1.6 “DBH” or “Diameter at Breast Height” means the diameter of the stem of a tree measured at a point that is 1.37 metres above the ground; 1.7 "Diameter" means the diameter of the stem of a tree measured at a specified Point of Measurement with such measurement including the bark of the stem; 1.8 “Farmer” means a person who has a current and valid farm registration number under the Farm Registration and Farm Organizations Funding Act, 1993, S.O. 1993, c. 21, as amended; 1.9 “Forest Management Plan” means a course of forest management action prescribed for a particular woodland area after specific assessments and evaluations have been made by a Qualified OPFA Member in accordance with the Ministry of Natural Resources document “A Silvicultural Guide to Managing Southern Ontario Forests”, as amended from time to time; 1.10 “Good Forestry Practices" means: 1.10.a the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values, including: significant ecosystems; important fish and Wildlife Habitat; soil and water quality and quantity; forest productivity and health; and the aesthetic and recreational opportunities of the landscape; Page 3 of 21 Page 317 of 546 PDS 4-2025 - Appendix 1 1.10.b the cutting and removal of hazardous, severely damaged, diseased and insect-infested trees which must be removed in order to prevent contamination or infestation of other trees or because they no longer contribute to the achievement of forest values; 1.10.c in the case of hazardous, damaged, diseased or insect-infested trees, the maintenance of a Woodland after the cutting and removal is completed unless it is determined through a report prepared by Qualified OPFA Member that trees must be removed and a Woodland would not be maintained; and, 1.10.d the forestry management practices as set out in the Ministry of Natural Resources document “A Silvicultural Guide to Managing Southern Ontario Forests”; 1.11 “Harvesting” means the Injury or Destruction of a Tree through cutting or other mechanized means. The term “Harvested” shall have a corresponding meaning; 1.12 “Heritage Tree” means a Tree identified and designated by the Council of an Area Municipality as having heritage significance; 1.13 “Injury” or “Destruction” means lasting damage to a Tree, that has the effect of inhibiting or terminating growth and which may include, but is not limited to: 1.13. a broken branches in the crown of a Tree; 1.13. b the breaking off or splitting of the stem of any Tree and the noticeable tipping of any Tree; 1.13. c the splitting of, removal of or damage to the bark of a Tree; or 1.13. d damage to the root structure of a Tree; but does not include damage to Bumper Trees, or pruning or removing branches for maintenance purposes. The terms “Injury”, “Injured”, “Injuring”, “Destroy”, “Destroying” or “Destroyed” shall have a corresponding meaning. Page 4 of 21 Page 318 of 546 PDS 4-2025 - Appendix 1 1.14 “Normal Farm Practice” means a practice that is recognized by the Normal Farm Practices Board which is conducted in a manner consistent with proper and acceptable customs and standards, as established and followed by similar agricultural operations under similar circumstances, or makes use of innovative technology in a manner consistent with proper advanced farm management practices; 1.15 "Officer" means an individual appointed by Regional Council for the administration and enforcement of this By-law; 1.16 “Owner” means any Person having control over any portion of land that contains Woodland or Woodlands and specifically includes any Person having any right, title, interest or equity in the land and any Person lawfully permitted on the land; 1.17 “Own Use” means use that does not include a commercial sale, exchange or other disposition of trees Injured or Destroyed; 1.18 “Permit” means a permit to Injure or Destroy Trees issued under this By-law; 1.19 “Person” means an individual or a corporation and their respective heirs, executors, administrators or other duly appointed representatives; 1.20 "Point of Measurement" means the point on a tree trunk measured above the highest point at which the ground meets the tree. For Coppice Growth the Point of Measurement shall be at the point on the tree trunk where the tree stems separate provided that such point of separation is less than 1.37 metres from where the ground meets the tree; 1.21 “Qualified OPFA Member” means a Registered Professional Forester or Associate Member of the Ontario Professional Foresters Association under the Professional Foresters Act 2000, c.18, as amended, certified to practice professional forestry, unless a suspension, term, condition or limitation of certification applies which would restrict the Member from carrying out responsibilities under this By-law; 1.22 “Qualified Tree Marker” means: 1.22.a An individual who is currently certified through the Ontario Ministry of Natural Resources Certified Tree Marker Program; or Page 5 of 21 Page 319 of 546 PDS 4-2025 - Appendix 1 1.22.b A Qualified OPFA Member qualified to do tree marking. 1.23 “Region” means The Regional Municipality of Niagara; 1.24 “Regional Council” means the Council of The Regional Municipality of Niagara; 1.25 “Regional Official Plan” means the Official Plan of The Regional Municipality of Niagara; 1.26 "Sensitive Natural Area" means lands that are in a Woodland and: 1.26.a within a Provincially Significant Wetland, Provincial Life Sciences Area of Natural Scientific Interest, or Significant Woodland, as those terms are defined in the Regional Official Plan, or, in the case where there is no Regional Official Plan, as defined in the Official Plan of the relevant Area Municipality; or the Environmental Protection Area designation of the Natural Heritage System and adjacent lands, as defined in the Regional Official Plan; or 1.26.b within a Natural Area as designated in the Niagara Escarpment Plan. 1.27 “Significant Community Tree” means a Tree identified and designated by the Council of an Area Municipality as having community signifcance; 1.28 “Silviculture” means the theory and practice of controlling forest establishment, and the composition, growth and quality of forests to achieve the objectives of forest management. The term “Silvicultural” shall have a corresponding meaning; 1.29 “Silvicultural Prescription” means the site specific operational plan, signed and sealed by a Qualified OPFA Member (unless otherwise exempted under the Professional Foresters Act), that describes the existing forest conditions and the forest management objectives for an area, and which prescribes the methods for Harvesting the existing forest stand and a series of silvicultural treatments that will be carried out to establish a free-growing stand in a manner that accommodates other resource values as identified; Page 6 of 21 Page 320 of 546 PDS 4-2025 - Appendix 1 1.30 "Tree" or “Trees” means any living species of woody perennial plant, including its root system, which has reached or can reach a height of at least 4.5 meters at physiological maturity; 1.31 “Tree Preservation Plan” means a plan, prepared by a Qualified OPFA Member or Certified Arborist, for the purpose of protecting and preserving trees on properties where development or disturbance of the natural forest cover is to occur; 1.32 “Wildlife Habitat” means areas where plants, animals and other organisms live, and find adequate amounts of food, water, shelter and space needed to sustain their populations. Specific wildlife habitats of concern may include areas where species concentrate at a vulnerable point in their annual or life cycle; and areas which are important to migratory or non-migratory species; 1.33 "Woodland" or “Woodlands” means land on one or more properties with a density of at least: 1.33.a 1,000 Trees, of any size, per hectare; 1.33.b 750 Trees, measuring over five (5) centimetres in Diameter at DBH, per hectare; 1.33.c 500 Trees, measuring over twelve (12) centimetres, in Diameter at DBH, per hectare; or 1.33.d 250 Trees, measuring over twenty (20) centimetres, in Diameter at DBH, per hectare; but does not include: 1.33.f a cultivated fruit or nut orchard; 1.33.g a plantation established for the purpose of producing Christmas trees and which is being actively managed and Harvested for the purposes for which it was planted, except that this does not refer to plantations that have ceased being managed or Harvested for their intended purpose for a period of 15 years or more; or Page 7 of 21 Page 321 of 546 PDS 4-2025 - Appendix 1 1.33.h a bona fide tree nursery that is being actively managed and harvested for the purposes for which it was planted; 1.33.i a hedgerow or windrow less than 20 meters in width. 2. APPLICATION OF THE BY-LAW This By-law shall apply to: 2.1 all Woodlands having an area of one (1) hectare or more; 2.2 all Woodlands having an area of less than one (1) hectare upon delegation of such authority by an Area Municipality to the Region; and 2.3 Heritage Trees and Significant Community Trees identified and designated by the Council of an Area Municipality, upon delegation of such authority by an Area Municipality to the Region. 3. GENERAL PROHIBITIONS 3.1 No Person through their own actions or through any other Persons shall Injure or Destroy any Tree located in Woodlands: 3.1.a Unless exempted under Section 4 of this By-law; or 3.1.b Unless in possession of a valid Permit issued under this By-law and in accordance with its terms or conditions. 3.2 No Person through their own actions or through any other Person shall: 3.2.a Contravene the terms or conditions of a Permit issued under this By-law; 3.2.b Fail to comply with an Order issued under this By-law; or 3.2.c Remove or deface any Order that has been posted pursuant to this By-law. 3.3 No Person through their own actions or through any other Person shall Injure or Destroy any Tree that has been designated by the Council of an Area Municipality as a Heritage Tree or a Significant Community Tree, provided that Page 8 of 21 Page 322 of 546 PDS 4-2025 - Appendix 1 the authority to regulate such Trees has been delegated to the Region by the Area Municipality. 3.4 An Owner is deemed to have knowledge of, to have permitted, and to be liable for actions that violate this By-law that occur on the portion of land over which the Owner has control. 3.5 A Person is not liable under Section 3.4 of this By-law if such Person establishes, on a balance of probabilities, that the actions that violate this By-law occurred before or after such Person was an Owner. 4. EXEMPTIONS Despite Section 3 of this By-law, this By-law does not apply to: 4.1 Activities or matters undertaken by a municipality or a local board of a municipality; 4.2 Activities or matters undertaken under a licence issued under the Crown Forest Sustainability Act, 1994, S.O. 1994, c.25, as amended; 4.3 The Injuring or Destruction of Trees by a Person licensed under the Surveyors Act, R.S.O. 1990, c. S.29, as amended, to engage in the practice of cadastral surveying or his or her agent, while making a survey; 4.4 The Injuring or Destruction of Trees imposed after December 31, 2002: 4.4.a as part of a Tree Preservation Plan required as a condition of approval in a plan of subdivision that has received draft approval under Section 51 of the Planning Act; 4.4.b as part of a Tree Preservation Plan required as a condition on a consent approved under Section 53 of the Planning Act; 4.4.c as a condition to the approval of a site plan or a plan of subdivision under Sections 41 and 51, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections; Page 9 of 21 Page 323 of 546 PDS 4-2025 - Appendix 1 4.4.d in a development agreement between an Owner and an Area Municipality; 4.4.e as a condition to a development permit authorized by regulation made under Section 23(b) of the Niagara Escarpment Planning and Development Act, R.S.O 1990, c. N.2, as amended; or 4.4.f as a condition to a development permit authorized by regulation made under Section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation. 4.5 The Injuring or Destruction of Trees by a transmitter or distributor, as those terms are defined in Section 2 of the Electricity Act, 1998, S.O. 1998, c.15, Sched. A, as amended, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section; 4.6 The Injuring or Destruction of Trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; R.S.O 1990, c. A.8, as amended; 4.7 The Injuring or Destruction of Trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land: 4.7.a that has not been designated under the Aggregate Resources Act or a predecessor of that Act; and 4.7.b on which a pit or quarry is a permitted land use under a by-law passed under Section 34 of the Planning Act. 4.8 The Injuring or Destruction of Trees that is required in order to erect any building, structure or thing, including yard areas, in respect of which a Building Permit has been issued and has taken into consideration the protection of Trees surrounding the structure or work within the building envelope, provided that no Tree is removed that is located more than 15 metres from the outer edge of the building, structure or thing, and that only those Trees necessary to accommodate the building structure or thing, including yard areas, are removed; 4.9 The Injuring or Destruction of Trees that is reasonably required in order to install and provide utilities, including a private waste disposal system, to the Page 10 of 21 Page 324 of 546 PDS 4-2025 - Appendix 1 construction or use of the building, structure or thing in respect of which a Building Permit has been issued; 4.10 The Injuring or Destruction of Trees that is required in order to install, provide or maintain a driveway of sufficient width for vehicular access to the building, structure or thing in respect of which a Building Permit has been issued; 4.11 The Injuring or Destruction of Trees on lands, including buffer lands, used for the purpose of a licenced waste disposal site that has been approved, where applicable, under the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended, the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended, the Environmental Assessment Act, R.S.O. 1990, c. E.18, as amended, the Planning Act, and/or the Niagara Escarpment Planning and Development Act; 4.12 The Injuring or Destruction of Trees for the construction of drainage works under the Drainage Act, R.S.O. 1990, c. D.17, as amended; 4.13 The Injuring or Destruction of Trees that: 4.13.a are dead; 4.13.b are diseased, as identified in a Silvicultural Prescription or Forest Management Plan; or 4.13.c pose a hazard to human safety or property. 4.14 The Injuring or Destruction of Trees by an Owner of a Woodland who may Harvest, Destroy or Injure Trees for his or her Own Use on his or her property provided that: 4.14.a Good Forestry Practices are employed in accordance with the Ministry of Natural Resources document “A Silvicultural Guide to Managing Southern Ontario Forests”; and 4.14.b the Injuring or Destruction, in that part of the Woodland where Trees have been Injured or Destroyed, does not reduce the number of Trees per hectare below that necessary to constitute a Woodland. Page 11 of 21 Page 325 of 546 PDS 4-2025 - Appendix 1 4.15 The Harvesting, Injuring or Destruction of Trees by a Farmer that involves the clearing of all or part of a Woodland for Agricultural Use on land that is owned by the Farmer doing the clearing, and is part of a farm operation or farm corporation that has existed for at least three (3) years prior to such clearing. The clearing shall be carried out in accordance with Normal Farm Practices as defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1, as amended, provided that: 4.15.a the land upon which the clearing is to occur is part of a farm operation or farm corporation that has existed for at least three (3) years prior to such clearing; that is cleared is put into Agricultural Use within three (3) years of the date on which such clearing commences; 4.15.b the land that is cleared is put into Agricultural Use within three (3) years of the date on which such clearing commences; 4.15.bc prior to the clearing, the Farmer advises the Officer of the proposed clearing. For the purposes of this section the marking of Trees, a Forest Management Plan or a Silvicultural Prescription, a fee and a Permit are not required; and 4.15.cd the land being cleared for Agricultural Use is (i) outside the Urban Area; and (ii) is designated and zoned for Agricultural Use, with no Environmental Overlays, outside the Urban Areas as defined in the Regional Official Plan, and is designated and zoned for Agricultural Use in the Official Plan and Zoning By-law of the Area Municipality and, where applicable, in the Niagara Escarpment Plan; 4.15.e the Injuring or Destruction of Trees does not involve a Sensitive Natural Area. Page 12 of 21 Page 326 of 546 PDS 4-2025 - Appendix 1 except where the Injuring or Destruction of Trees involves a Sensitive Natural Area, in which case a Permit is required pursuant to the provisions of this By- law, but no fee shall be required. 4.16 The Injuring or Destruction of Trees as a result of a ‘Normal Farm Practice’ carried on as part of an ‘Agricultural Operation’ as such terms are defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1, as amended, or any successor legislation; 4.176 The Harvesting, Injuring or Destruction of non-native/invasive Trees in a Woodland for the purpose of restoring the tree cover to native species as per an approved Forest Management Plan or Silvicultural Prescription. 4.187 The Injuring or Destruction of Trees in a Woodland for the purpose of conducting site rehabilitation activities to remove and/or treat contaminated soils. A reforestation plan must be prepared and approved by the Officer prior to Tree removal. 5. GOOD FORESTRY PRACTICES PERMITS 5.1 The Niagara Region hereby delegates to an Officer the authority to issue a Good Forestry Practices Permit under this By-law, and to impose such terms and conditions in accordance with Good Forestry Practices. 5.2 An application for a Good Forestry Practices Permit shall be submitted at least four (4) weeks prior to the commencement date of Harvesting and shall include the following: 5.2.a a complete signed application form as provided by the Region; 5.2.b a copy of the Silvicultural Prescription sealed by a Qualified OPFA Member; and, 5.2.c A signature from a Qualified OPFA Member confirming proof that the marking of the Trees to be cut has been carried out by a Qualified Tree Marker in accordance with a Silvicultural Prescription or Forest Management Plan. Tree marking must include clean, legible paint marks at breast height, visible from any direction,and 40 centimetre stump marks that are in crevices (if available) and run right to the ground. Page 13 of 21 Page 327 of 546 PDS 4-2025 - Appendix 1 5.3 A Good Forestry Practices Permit issued under this By-law shall be subject to the following terms and conditions: 5.3.a Trees which are to be harvested are cut in accordance with Good Forestry Practices, and as described in a Silvicultural Prescription sealed by a Qualified OPFA Member; 5.3.b the Harvesting, Injuring or Destruction of Trees will not reduce the number of Trees per hectare below the minimum number of Trees per hectare required to be considered a Woodland; 5.3.c The Permit-holder must notify the Officer at least 48 hours before start of cutting and again upon resumption of activities after any four (4) week period of inactivity; and 5.3.d Any other terms and conditions deemed appropriate and imposed by the Officer. 5.4 Notwithstanding Sections 5.2 and 5.3, a Good Forestry Practices Permit may be issued where an exclusion provision under the Professional Foresters Act c.18, as amended, applies and a qualified member of the Ontario Professional Foresters Association provides an opinion that the Harvesting of Trees is consistent with Good Forestry Practices. 6. PERMIT APPLICATION PROCESS 6.1 Every Person who intends to Injure or Destroy Trees personally or through another Person, where a Permit to do so is required under this By-law, shall first complete and submit an application for a Permit in the form approved by the Region from time to time. 6.2 Applications for Permits will be processed only if: 6.2.a the appropriate application form, approved by the Region from time to time, has been completed in full, duly signed and submitted to the Officer; 6.2.b the requirements that must be submitted with an application have been included; and Page 14 of 21 Page 328 of 546 PDS 4-2025 - Appendix 1 6.2.c applications are in keeping with the general purpose and intent of this By-law. 6.3 A Permit application that does not meet the requirements of clauses 6.2.a, 6.2.b and 6.2.c will be returned to the applicant within 30 days. 6.4 A Permit may be: 6.4.a issued by the Officer to the Owner for a term of up to one (1) year from the date of issue and shall not be transferable; and, 6.4.b may be renewed by the Officer for up to two (2) additional one (1) year terms contiguous with the expiry date of the original Permit and after a written request from the Owner for renewal is made to the Officer, who must be satisfied that there are reasonable grounds for the renewal. 6.5 In addition to those terms and conditions listed in section 5.3, the Officer may impose conditions to a Permit that relate to, but which are not restricted to: 6.5.a the manner and timing in which Harvesting, Injuring or Destruction is to occur; 6.5.b the species, size, number and location of Trees to be Injured or Destroyed, or to be planted; 6.5.c the marking of Trees to be cut with paint; 6.5.d the qualifications of Persons authorized to Injure or Destroy Trees; 6.5.e the submission of additional information required before the Permit becomes effective; 6.5.f measures to be implemented to mitigate the direct and indirect effects of the Injuring or Destruction on Sensitive Natural Areas; and 6.5.g a follow-up fuelwood (firewood) harvest. 6.7 When denying a Permit, the Officer will notify the applicant in writing by Page 15 of 21 Page 329 of 546 PDS 4-2025 - Appendix 1 registered mail. The Officer shall provide written reasons for their decision to the applicant. 6.8 A Permit issued under the By-law does not relieve the Owner of any other applicable property boundary, municipal, provincial, or federal by-laws, regulations or requirements. 7. APPEALS TO REGIONAL COUNCIL 7.1 An applicant for a Permit under this By-law may be appealed to Regional Council if: 7.1.a the Officer refuses to issue a Permit; such an appeal must be made within 30 days after the refusal; or 7.1.b if the applicant objects to a condition in the Permit; such an appeal must be made within 30 days after the issuance of the Permit. 7.2 A request by an applicant for a hearing shall be made in writing and filed with the Regional Clerk. 7.3 Regional Council shall hold a hearing on the issue and shall give the applicant an opportunity to make representations at the hearing. The Regional Clerk shall mail a notice of hearing to the applicant at least seven (7) days before the hearing. 7.4 Regional Council may: 7.3.a Uphold the decision of the Officer; 7.3.b Vary any condition on a Permit; or 7.3.c Issue a Permit with conditions as Regional Council considers appropriate. 7.5 Regional Council will provide reasons for its decision. The decision of the Regional Council is final. 8. ORDERS TO DISCONTINUE ACTIVITY Page 16 of 21 Page 330 of 546 PDS 4-2025 - Appendix 1 8.1 Where an Officer is satisfied that a contravention of this By-law has occurred, the Officer may make an Order requiring the Person who contravened the By- law or who caused or permitted the Injuring or Destruction of Trees in contravention of the By-law to stop the Injuring or Destruction of Trees. The Order shall set out: 8.1.a the municipal address or the legal description of the land; 8.1.b reasonable particulars of the contravention; and 8.1.c the period within which there must be compliance with the Order. 8.2 An Order issued under this By-law may be served personally or by registered mail to the last known address of: 8.2.a the Owner of the Woodland; and 8.2.b the person identified as Injuring or Destroying Trees. 8.3 Where service of an Order is made by registered mail, service shall be deemed to have been served on the fifth day after the date the Order is mailed. 8.4 Where service cannot be carried out under subsection 8.2, the Officer shall place a placard containing the terms of the Order in a conspicuous place on the affected lands. The placing of the placard shall be deemed to be sufficient service of the Order on the Person to whom the Order is directed. The placard shall not be removed without the approval of the Officer. 9. WORK ORDERS 9.1 Where an Officer believes that a contravention of this By-law has occurred, the Officer may issue an Order requiring the Person to rehabilitate the land or Woodlands, or to plant or replant Trees. 9.2 The Order shall set out: Page 17 of 21 Page 331 of 546 PDS 4-2025 - Appendix 1 9.2.a the name and the Owner and the municipal address or the legal description of the land; 9.2.b reasonable particulars of the contravention; 9.2.c the work to be done and the date by which the work must be done; 9.2.d a statement that if the work is not done in compliance with the Order within a specified time period, the Region may have the work done at the expense of the Owner; and, 9.2.e contact information of the Officer. 9.3 The Order may be served in accordance with the service provisions contained in section 8. 9.4 If a Person fails to comply with an Order issued pursuant to this section, the Region may enter the lands at any reasonable time for the purposes of doing the things described in the Order at the Person’s expense. 9.5 If the Region enters onto the lands and completes the work, the Region may recover its costs to complete the work for the Person named in the Order by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. 10. PENALTY 10.1 Any Person who contravenes any provision of this By-law, or an Order issued under this By-law is guilty of an offence and is liable: 10.1.a on first conviction, to a fine of not more than $10,000 or $1,000 per Tree, whichever is greater; 10.1.b on any subsequent conviction for the same offence, to a fine of not more than $25,000 or $2,500 per Tree, whichever is greater; and, 10.1.bc on conviction for a continuing offence, to a fine of not less than $100 and not more than $10,000 for each day or part of a day that the offence continues. The total of the daily fines may exceed $100,000. Page 18 of 21 Page 332 of 546 PDS 4-2025 - Appendix 1 10.2 Despite subsection 10.1, where the Person convicted is a corporation: 10.2.a the maximum fines in clause 10.1.a are $50,000 or $5,000 per Tree; and 10.2.b the maximum fines in clause 10.1.b are $100,000 or $10,000 per Tree. 10.3 If a Person is convicted of an offence for contravening this By-law or an Order is issued under this By-law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may order the Person to rehabilitate the land or to plant or replant Trees in such a manner and within such period as the court considers appropriate, including any silvicultural treatment necessary to re-establish the Trees. 10.4 If an Order has been issued under this bylaw or by the court, and the order has not been complied with, the contravention of the Order shall be deemed to be a continuing offence for each day or part of the day that the Order is not complied with. 10.5 The destruction of two or more Trees without or in contravention of a Permit shall be deemed to be a “multiple offence” as provided in the Municipal Act and shall be subject to the per tree penalties prescribed in section 10.1 and 10.2. 11. ENFORCEMENT 11.1 The provisions of this By-law may be enforced by an Officer. 11.2 An Officer or any person authorized by an Officer may, at any reasonable time, enter upon and inspect any land for the purposes of enforcing this By- law, determining compliance with this By-law, determining compliance with terms and conditions of a Permit issued under this By-law, determining compliance with an Order issued under this By-law or laying charges under this By-law. 11.3 An Officer exercising a power may be accompanied by a Person under his or her direction. Page 19 of 21 Page 333 of 546 PDS 4-2025 - Appendix 1 11.4 Any Person who obstructs or interferes with an Officer, or any Person or agent authorized by an Officer, in the discharge of his or her duties under this By-law, shall be considered in violation of this By-law. 11.5 Any Person who provides false information to an Officer shall be deemed to have obstructed or interfered with the Officer in the execution of their duties. 12. ADMINISTRATION 12.1 If any section or part of this By-law is found by any court of competent jurisdiction to be illegal or beyond the power of Regional Council to enact, such section or part shall be deemed to be severable and all other sections or parts of this By-law shall be deemed to be separate and independent therefrom and to be enacted as such. 12.2 The short title of this By-law is the “Woodland Conservation By-law”. 12.3 By-law 30-2008 of the Regional Municipality of Niagara and all amendments thereto, are hereby repealed. 12.4 Despite subsection 12.3, By-law 30-2008, as amended, shall continue to apply to: 12.4.a proceedings in respect of offences that occurred before its repeal; and, 12.4.b permits in compliance with Bylaw 30-2008, which were approved prior to its repeal. 12.5 That this by-law shall come into force and effect on January 31, 2021. THE REGIONAL MUNICIPALITY OF NIAGARA James Bradley, Regional Chair Page 20 of 21 Page 334 of 546 PDS 4-2025 - Appendix 1 Ann-Marie Norio, Regional Clerk Passed: <date> Page 21 of 21 Page 335 of 546 PDS 4-2025 - Appendix 2 Page 1 of 20 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. *draft* A BY-LAW TO PROHIBIT OR REGULATE THE DESTRUCTION OR INJURING OF TREES IN WOODLANDS IN THE REGIONAL MUNICIPALITY OF NIAGARA WHEREAS Section 135(2) of the Municipal Act, 2001, S.O. 2001, c. 25, (the “Act”), as amended, provides that Regional Council may by by-law prohibit or regulate the destruction or injuring of trees in woodlands designated in the by-law; AND WHEREAS Section 135(7) of the Municipal Act provides that the by-law may require that a permit be obtained to injure or destroy trees in woodlands as designated in the by-law and impose conditions on a permit, including conditions relating to the manner in which destruction occurs and the qualification of persons authorized to injure or destroy trees; AND WHEREAS Regional Council deems it desirable to enact such a by-law for the purposes of:  conserving and improving the Woodlands in the Regional Municipality of Niagara through Good Forestry Practices;  promoting Good Forestry Practices that sustain healthy Woodlands and related natural habitats and environments;  Ensuring the long- term health and productivity of Woodlands;  regulating and controlling the removal, maintenance and protection of trees in Woodlands;  protecting, promoting and enhancing the values of Woodlands;  contributing to human health, recreation, enjoyment and quality of life through the maintenance of Woodland cover;  enhancing biodiversity and forest resilience to help our communities adapt to climate change; AND WHEREAS on October 22, 2020 By-law No. 2020-79 was passed by Regional Council and this By-law has been in place to prohibit or regulate the destruction or injuring of trees in Woodlands in the Region; AND WHEREAS Regional Council wishes to repeal By-law No. 2020-79 and replace same with an updated By-law regulating the destruction or injuring of trees in Woodlands in the Region; Page 336 of 546 PDS 4-2025 - Appendix 2 Page 2 of 20 NOW THEREFORE Regional Council enacts as follows: 1. DEFINITIONS In this By-law: 1.1 "Agricultural Use" means the growing of crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated onfarm buildings and structures, including, but not limited to livestock facilities, manure storages, value-retaining facilities, and accommodation for full-time farm labour when the size and nature of the operation requires additional employment. 1.2 "Area Municipality" means any one of the municipalities of the Town of Fort Erie, Town of Grimsby, Town of Lincoln, City of Niagara Falls, Town of Niagara-on- the-Lake, Town of Pelham, City of Port Colborne, City of St. Catharines, City of Thorold, Township of Wainfleet, City of Welland, and the Township of West Lincoln; 1.3 “Building Permit” means a building permit issued by an Area Municipality under the Building Code Act, 1992, S.O. 1992, c.23, as amended; 1.4 “Bumper Tree” means a poor quality, low value tree that grows in close proximity to higher value trees and is located along skid roads to protect residual trees from damage during logging and skidding operations; 1.5 “Coppice growth” means clump growth where more than one tree stem grows from a single tree stump and the point of measurement for such growth means that point on each stem measured immediately above the point of fusion, provided such point of fusion is less than 1.37 metres above the highest point of undisturbed ground at the base of the coppice or clump growth; 1.6 “DBH” or “Diameter at Breast Height” means the diameter of the stem of a tree measured at a point that is 1.37 metres above the ground; 1.7 "Diameter" means the diameter of the stem of a tree measured at a specified Point of Measurement with such measurement including the bark of the stem; Page 337 of 546 PDS 4-2025 - Appendix 2 Page 3 of 20 1.8 “Farmer” means a person who has a current and valid farm registration number under the Farm Registration and Farm Organizations Funding Act, 1993, S.O. 1993, c. 21, as amended; 1.9 “Forest Management Plan” means a course of forest management action prescribed for a particular woodland area after specific assessments and evaluations have been made by a Qualified OPFA Member in accordance with the Ministry of Natural Resources document “A Silvicultural Guide to Managing Southern Ontario Forests”, as amended from time to time; 1.10 “Good Forestry Practices" means: 1.10.a the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values, including: significant ecosystems; important fish and Wildlife Habitat; soil and water quality and quantity; forest productivity and health; and the aesthetic and recreational opportunities of the landscape; 1.10.b the cutting and removal of hazardous, severely damaged, diseased and insect-infested trees which must be removed in order to prevent contamination or infestation of other trees or because they no longer contribute to the achievement of forest values; 1.10.c in the case of hazardous, damaged, diseased or insect-infested trees, the maintenance of a Woodland after the cutting and removal is completed unless it is determined through a report prepared by Qualified OPFA Member that trees must be removed and a Woodland would not be maintained; and, 1.10.d the forestry management practices as set out in the Ministry of Natural Resources document “A Silvicultural Guide to Managing Southern Ontario Forests”; 1.11 “Harvesting” means the Injury or Destruction of a Tree through cutting or other mechanized means. The term “Harvested” shall have a corresponding meaning; 1.12 “Heritage Tree” means a Tree identified and designated by the Council of an Area Municipality as having heritage significance; Page 338 of 546 PDS 4-2025 - Appendix 2 Page 4 of 20 1.13 “Injury” or “Destruction” means lasting damage to a Tree, that has the effect of inhibiting or terminating growth and which may include, but is not limited to: 1.13. a broken branches in the crown of a Tree; 1.13. b the breaking off or splitting of the stem of any Tree and the noticeable tipping of any Tree; 1.13. c the splitting of, removal of or damage to the bark of a Tree; or 1.13. d damage to the root structure of a Tree; but does not include damage to Bumper Trees, or pruning or removing branches for maintenance purposes. The terms “Injury”, “Injured”, “Injuring”, “Destroy”, “Destroying” or “Destroyed” shall have a corresponding meaning. 1.14 "Officer" means an individual appointed by Regional Council for the administration and enforcement of this By-law; 1.15 “Owner” means any Person having control over any portion of land that contains Woodland or Woodlands and specifically includes any Person having any right, title, interest or equity in the land and any Person lawfully permitted on the land; 1.16 “Own Use” means use that does not include a commercial sale, exchange or other disposition of trees Injured or Destroyed; 1.17 “Permit” means a permit to Injure or Destroy Trees issued under this By-law; 1.18 “Person” means an individual or a corporation and their respective heirs, executors, administrators or other duly appointed representatives; 1.19 "Point of Measurement" means the point on a tree trunk measured above the highest point at which the ground meets the tree. For Coppice Growth the Point of Measurement shall be at the point on the tree trunk where the tree stems separate provided that such point of separation is less than 1.37 metres from where the ground meets the tree; 1.20 “Qualified OPFA Member” means a Registered Professional Forester or Associate Member of the Ontario Professional Foresters Association under the Professional Foresters Act 2000, c.18, as amended, certified to practice professional forestry, unless a suspension, term, condition or limitation of Page 339 of 546 PDS 4-2025 - Appendix 2 Page 5 of 20 certification applies which would restrict the Member from carrying out responsibilities under this By-law; 1.21 “Qualified Tree Marker” means: 1.21.a An individual who is currently certified through the Ontario Ministry of Natural Resources Certified Tree Marker Program; or 1.21.b A Qualified OPFA Member qualified to do tree marking. 1.22 “Region” means The Regional Municipality of Niagara; 1.23 “Regional Council” means the Council of The Regional Municipality of Niagara; 1.24 “Regional Official Plan” means the Official Plan of The Regional Municipality of Niagara; 1.25 "Sensitive Natural Area" means lands that are in a Woodland and: 1.25.a Within a Provincially Significant Wetland, Provincial Life Sciences Area of Natural Scientific Interest, or Significant Woodland, as those terms are defined in the Regional Official Plan, or, in the case where there is no Regional Official Plan, as defined in the Official Plan of the relevant Area Municipality; or 1.25.b within a Natural Area as designated in the Niagara Escarpment Plan. 1.26 “Significant Community Tree” means a Tree identified and designated by the Council of an Area Municipality as having community significance; 1.27 “Silviculture” means the theory and practice of controlling forest establishment, and the composition, growth and quality of forests to achieve the objectives of forest management. The term “Silvicultural” shall have a corresponding meaning; 1.28 “Silvicultural Prescription” means the site specific operational plan, signed and sealed by a Qualified OPFA Member (unless otherwise exempted under the Professional Foresters Act), that describes the existing forest conditions and the forest management objectives for an area, and which prescribes the Page 340 of 546 PDS 4-2025 - Appendix 2 Page 6 of 20 methods for Harvesting the existing forest stand and a series of silvicultural treatments that will be carried out to establish a free-growing stand in a manner that accommodates other resource values as identified; 1.29 “Tree” or “Trees” means any living species of woody perennial plant, including its root system, which has reached or can reach a height of at least 4.5 meters at physiological maturity; 1.30 “Tree Preservation Plan” means a plan, prepared by a Qualified OPFA Member or Certified Arborist, for the purpose of protecting and preserving trees on properties where development or disturbance of the natural forest cover is to occur; 1.31 “Wildlife Habitat” means areas where plants, animals and other organisms live, and find adequate amounts of food, water, shelter and space needed to sustain their populations. Specific wildlife habitats of concern may include areas where species concentrate at a vulnerable point in their annual or life cycle; and areas which are important to migratory or non-migratory species; 1.32 “Woodland” or “Woodlands” means land on one or more properties with a density of at least: 1.32.a 1,000 Trees, of any size, per hectare; 1.32.b 750 Trees, measuring over five (5) centimetres in Diameter at DBH, per hectare; 1.32.c 500 Trees, measuring over twelve (12) centimetres, in Diameter at DBH, per hectare; or 1.32.d 250 Trees, measuring over twenty (20) centimetres, in Diameter at DBH, per hectare; but does not include: 1.32.e a cultivated fruit or nut orchard; 1.32.f a plantation established for the purpose of producing Christmas trees and which is being actively managed and Harvested for the purposes for which it was planted, except that this does not refer to plantations that have ceased being managed or Harvested for their Page 341 of 546 PDS 4-2025 - Appendix 2 Page 7 of 20 intended purpose for a period of 15 years or more; 1.32.g a bona fide tree nursery that is being actively managed and harvested for the purposes for which it was planted; or 1.32.h a hedgerow or windrow less than 20 meters in width. 2. APPLICATION OF THE BY-LAW This By-law shall apply to: 2.1 all Woodlands having an area of one (1) hectare or more; 2.2 all Woodlands having an area of less than one (1) hectare upon delegation of such authority by an Area Municipality to the Region; and 2.3 Heritage Trees and Significant Community Trees identified and designated by the Council of an Area Municipality, upon delegation of such authority by an Area Municipality to the Region. 3. GENERAL PROHIBITIONS 3.1 No Person through their own actions or through any other Persons shall Injure or Destroy any Tree located in Woodlands: 3.1.a Unless exempted under Section 4 of this By-law; or 3.1.b Unless in possession of a valid Permit issued under this By-law and in accordance with its terms or conditions. 3.2 No Person through their own actions or through any other Person shall: 3.2.a Contravene the terms or conditions of a Permit issued under this By-law; 3.2.b Fail to comply with an Order issued under this By-law; or 3.2.c Remove or deface any Order that has been posted pursuant to this By-law. 3.3 No Person through their own actions or through any other Person shall Injure or Page 342 of 546 PDS 4-2025 - Appendix 2 Page 8 of 20 Destroy any Tree that has been designated by the Council of an Area Municipality as a Heritage Tree or a Significant Community Tree, provided that the authority to regulate such Trees has been delegated to the Region by the Area Municipality. 3.4 An Owner is deemed to have knowledge of, to have permitted, and to be liable for actions that violate this By-law that occur on the portion of land over which the Owner has control. 3.5 A Person is not liable under Section 3.4 of this By-law if such Person establishes, on a balance of probabilities, that the actions that violate this By-law occurred before or after such Person was an Owner. 4. EXEMPTIONS Despite Section 3 of this By-law, this By-law does not apply to: 4.1 Activities or matters undertaken by a municipality or a local board of a municipality; 4.2 Activities or matters undertaken under a licence issued under the Crown Forest Sustainability Act, 1994, S.O. 1994, c.25, as amended; 4.3 The Injuring or Destruction of Trees by a Person licensed under the Surveyors Act, R.S.O. 1990, c. S.29, as amended, to engage in the practice of cadastral surveying or his or her agent, while making a survey; 4.4 The Injuring or Destruction of Trees imposed after December 31, 2002: 4.4.a as part of a Tree Preservation Plan required as a condition of approval in a plan of subdivision that has received draft approval under Section 51 of the Planning Act; 4.4.b as part of a Tree Preservation Plan required as a condition on a consent approved under Section 53 of the Planning Act; 4.4.c as a condition to the approval of a site plan or a plan of subdivision under Sections 41 and 51, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections; 4.4.d in a development agreement between an Owner and an Area Municipality; 4.4.e as a condition to a development permit authorized by regulation made Page 343 of 546 PDS 4-2025 - Appendix 2 Page 9 of 20 under Section 23(b) of the Niagara Escarpment Planning and Development Act, R.S.O 1990, c. N.2, as amended; or 4.4.f as a condition to a development permit authorized by regulation made under Section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation. 4.5 The Injuring or Destruction of Trees by a transmitter or distributor, as those terms are defined in Section 2 of the Electricity Act, 1998, S.O. 1998, c.15, Sched. A, as amended, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section; 4.6 The Injuring or Destruction of Trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act, R.S.O 1990, c. A.8, as amended; 4.7 The Injuring or Destruction of Trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land: 4.7.a that has not been designated under the Aggregate Resources Act or a predecessor of that Act; and 4.7.b on which a pit or quarry is a permitted land use under a by-law passed under Section 34 of the Planning Act. 4.8 The Injuring or Destruction of Trees that is required in order to erect any building, structure or thing, including yard areas, in respect of which a Building Permit has been issued and has taken into consideration the protection of Trees surrounding the structure or work within the building envelope, provided that no Tree is removed that is located more than 15 metres from the outer edge of the building, structure or thing, and that only those Trees necessary to accommodate the building structure or thing, including yard areas, are removed; 4.9 The Injuring or Destruction of Trees that is reasonably required in order to install and provide utilities, including a private waste disposal system, to the construction or use of the building, structure or thing in respect of which a Building Permit has been issued; 4.10 The Injuring or Destruction of Trees that is required in order to install, provide or maintain a driveway of sufficient width for vehicular access to the building, structure or thing in respect of which a Building Permit has been issued; 4.11 The Injuring or Destruction of Trees on lands, including buffer lands, used for the purpose of a licenced waste disposal site that has been approved, where Page 344 of 546 PDS 4-2025 - Appendix 2 Page 10 of 20 applicable, under the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended, the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended, the Environmental Assessment Act, R.S.O. 1990, c. E.18, as amended, the Planning Act, and/or the Niagara Escarpment Planning and Development Act; 4.12 The Injuring or Destruction of Trees for the construction of drainage works under the Drainage Act, R.S.O. 1990, c. D.17, as amended; 4.13 The Injuring or Destruction of Trees that: 4.13.a are dead; 4.13.b are diseased, as identified in a Silvicultural Prescription or Forest Management Plan; or 4.13.c pose a hazard to human safety or property. 4.14 The Injuring or Destruction of Trees by an Owner of a Woodland who may Harvest, Destroy or Injure Trees for his or her Own Use on his or her property provided that: 4.14.a Good Forestry Practices are employed in accordance with the Ministry of Natural Resources document “A Silvicultural Guide to Managing Southern Ontario Forests”; and 4.14.b the Injuring or Destruction, in that part of the Woodland where Trees have been Injured or Destroyed, does not reduce the number of Trees per hectare below that necessary to constitute a Woodland. 4.15 The Harvesting, Injuring or Destruction of Trees by a Farmer that involves the clearing of all or part of a Woodland for Agricultural Use on land that is owned by the Farmer doing the clearing, provided that: 4.15.a The land upon which the clearing is to occur is part of a farm operation or farm corporation that has existed for at least three (3) years prior to such clearing; 4.15.b the land that is cleared is put into Agricultural Use within three (3) years of the date on which such clearing commences; 4.15.c prior to the clearing, the Farmer advises the Officer of the proposed clearing. For the purposes of this section the marking of Trees, a Forest Management Plan or a Silvicultural Prescription, a fee and a Page 345 of 546 PDS 4-2025 - Appendix 2 Page 11 of 20 Permit are not required; 4.15.d the land being cleared for Agricultural Use is: (i) outside the Urban Area; and (ii) is designated and zoned for Agricultural Use, with no Environmental Overlays, in the Official Plan and Zoning By-law of the Area Municipality, and, where applicable, in the Niagara Escarpment Plan; and 4.15.e the Injuring or Destruction of Trees does not involve a Sensitive Natural Area. 4.16 The Injuring or Destruction of Trees as a result of a ‘Normal Farm Practice’ carried on as part of an ‘Agricultural Operation’ as such terms are defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1, as amended, or any successor legislation; 4.17 The Harvesting, Injuring or Destruction of non-native/invasive Trees in a Woodland for the purpose of restoring the tree cover to native species as per an approved Forest Management Plan or Silvicultural Prescription; or 4.18 The Injuring or Destruction of Trees in a Woodland for the purpose of conducting site rehabilitation activities to remove and/or treat contaminated soils. A reforestation plan must be prepared and approved by the Officer prior to Tree removal. 5. GOOD FORESTRY PRACTICES PERMITS 5.1 The Niagara Region hereby delegates to an Officer the authority to issue a Good Forestry Practices Permit under this By-law, and to impose such terms and conditions in accordance with Good Forestry Practices. 5.2 An application for a Good Forestry Practices Permit shall be submitted at least four (4) weeks prior to the commencement date of Harvesting and shall include the following: 5.2.a a complete signed application form as provided by the Region; 5.2.b a copy of the Silvicultural Prescription sealed by a Qualified OPFA Page 346 of 546 PDS 4-2025 - Appendix 2 Page 12 of 20 Member; and, 5.2.c A signature from a Qualified OPFA Member confirming proof that the marking of the Trees to be cut has been carried out by a Qualified Tree Marker in accordance with a Silvicultural Prescription or Forest Management Plan. Tree marking must include clean, legible paint marks at breast height, visible from any direction, and 40 centimetre stump marks that are in crevices (if available) and run right to the ground. 5.3 A Good Forestry Practices Permit issued under this By-law shall be subject to the following terms and conditions: 5.3.a Trees which are to be harvested are cut in accordance with Good Forestry Practices, and as described in a Silvicultural Prescription sealed by a Qualified OPFA Member; 5.3.b the Harvesting, Injuring or Destruction of Trees will not reduce the number of Trees per hectare below the minimum number of Trees per hectare required to be considered a Woodland; 5.3.c The Permit-holder must notify the Officer at least 48 hours before start of cutting and again upon resumption of activities after any four (4) week period of inactivity; and 5.3.d Any other terms and conditions deemed appropriate and imposed by the Officer. 5.4 Notwithstanding Sections 5.2 and 5.3, a Good Forestry Practices Permit may be issued where an exclusion provision under the Professional Foresters Act 2000, c.18, as amended, applies and a qualified member of the Ontario Professional Foresters Association provides an opinion that the Harvesting of Trees is consistent with Good Forestry Practices. 6. PERMIT APPLICATION PROCESS 6.1 Every Person who intends to Injure or Destroy Trees personally or through another Person, where a Permit to do so is required under this By-law, shall first complete and submit an application for a Permit in the form approved by the Region from time to time. Page 347 of 546 PDS 4-2025 - Appendix 2 Page 13 of 20 6.2 Applications for Permits will be processed only if: 6.2.a the appropriate application form, approved by the Region from time to time, has been completed in full, duly signed and submitted to the Officer; 6.2.b the requirements that must be submitted with an application have been included; and 6.2.c applications are in keeping with the general purpose and intent of this By-law. 6.3 A Permit application that does not meet the requirements of clauses 6.2.a, 6.2.b and 6.2.c will be returned to the applicant within 30 days. 6.4 A Permit may be: 6.4.a issued by the Officer to the Owner for a term of up to one (1) year from the date of issue and shall not be transferable; and, 6.4.b may be renewed by the Officer for up to two (2) additional one (1) year terms contiguous with the expiry date of the original Permit and after a written request from the Owner for renewal is made to the Officer, who must be satisfied that there are reasonable grounds for the renewal. 6.5 In addition to those terms and conditions listed in section 5.3, the Officer may impose conditions to a Permit that relate to, but which are not restricted to: 6.5.a the manner and timing in which Harvesting, Injuring or Destruction is to occur; 6.5.b the species, size, number and location of Trees to be Injured or Destroyed, or to be planted; 6.5.c the marking of Trees to be cut with paint; 6.5.d the qualifications of Persons authorized to Injure or Destroy Trees; 6.5.e the submission of additional information required before the Permit becomes effective; Page 348 of 546 PDS 4-2025 - Appendix 2 Page 14 of 20 6.5.f measures to be implemented to mitigate the direct and indirect effects of the Injuring or Destruction on Sensitive Natural Areas; and 6.5.g a follow-up fuelwood (firewood) harvest. 6.7 When denying a Permit, the Officer will notify the applicant in writing by registered mail. The Officer shall provide written reasons for their decision to the applicant. 6.8 A Permit issued under the By-law does not relieve the Owner of any other applicable property boundary, municipal, provincial, or federal by-laws, regulations or requirements. 7. APPEALS TO REGIONAL COUNCIL 7.1 An application for a Permit under this By-law may be appealed to Regional Council if: 7.1.a the Officer refuses to issue a Permit; such an appeal must be made within 30 days after the refusal; or 7.1.b if the applicant objects to a condition in the Permit; such an appeal must be made within 30 days after the issuance of the Permit. 7.2 A request by an applicant for a hearing shall be made in writing and filed with the Regional Clerk. 7.3 Regional Council shall hold a hearing on the issue and shall give the applicant an opportunity to make representations at the hearing. The Regional Clerk shall mail a notice of hearing to the applicant at least seven (7) days before the hearing. 7.4 Regional Council may: 7.4.a Uphold the decision of the Officer; 7.4.b Vary any condition on a Permit; or 7.4.c Issue a Permit with conditions as Regional Council considers appropriate. 7.5 Regional Council will provide reasons for its decision. The decision of the Regional Council is final. Page 349 of 546 PDS 4-2025 - Appendix 2 Page 15 of 20 8. ORDERS TO DISCONTINUE ACTIVITY 8.1 Where an Officer is satisfied that a contravention of this By-law has occurred, the Officer may make an Order requiring the Person who contravened the By- law or who caused or permitted the Injuring or Destruction of Trees in contravention of the By-law to stop the Injuring or Destruction of Trees. The Order shall set out: 8.1.a the municipal address or the legal description of the land; 8.1.b reasonable particulars of the contravention; and 8.1.c the period within which there must be compliance with the Order. 8.2 An Order issued under this By-law may be served personally or by registered mail to the last known address of: 8.2.a the Owner of the Woodland; and 8.2.b the person identified as Injuring or Destroying Trees. 8.3 Where service of an Order is made by registered mail, service shall be deemed to have been served on the fifth day after the date the Order is mailed. 8.4 Where service cannot be carried out under subsection 8.2, the Officer shall place a placard containing the terms of the Order in a conspicuous place on the affected lands. The placing of the placard shall be deemed to be sufficient service of the Order on the Person to whom the Order is directed. The placard shall not be removed without the approval of the Officer. 9. WORK ORDERS 9.1 Where an Officer believes that a contravention of this By-law has occurred, the Officer may issue an Order requiring the Person to rehabilitate the land or Woodlands, or to plant or replant Trees. 9.2 The Order shall set out: 9.2.a the name and the Owner and the municipal address or the legal description of the land; Page 350 of 546 PDS 4-2025 - Appendix 2 Page 16 of 20 9.2.b reasonable particulars of the contravention; 9.2.c the work to be done and the date by which the work must be done; 9.2.d a statement that if the work is not done in compliance with the Order within a specified time period, the Region may have the work done at the expense of the Owner; and 9.2.e contact information of the Officer. 9.3 The Order may be served in accordance with the service provisions contained in section 8. 10. PENALTY 10.1 Any Person who contravenes any provision of this By-law, or an Order issued under this By-law is guilty of an offence and is liable: 10.1.a on first conviction, to a fine of not more than $10,000 or $1,000 per Tree, whichever is greater;on any subsequent conviction for the same offence, to a fine of not more than $25,000 or $2,500 per Tree, whichever is greater; and, 10.1.b on conviction for a continuing offence, to a fine of not less than $100 and not more than $10,000 for each day or part of a day that the offence continues. The total of the daily fines may exceed $100,000. 10.2 Despite subsection 10.1, where the Person convicted is a corporation: 10.2.a the maximum fines in clause 10.1.a are $50,000 or $5,000 per Tree; and 10.2.b the maximum fines in clause 10.1.b are $100,000 or $10,000 per Tree. 10.3 If a Person is convicted of an offence for contravening this By-law or an Order is issued under this By-law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may order the Person to rehabilitate the land or to plant or replant Trees in such a manner Page 351 of 546 PDS 4-2025 - Appendix 2 Page 17 of 20 and within such period as the court considers appropriate, including any silvicultural treatment necessary to re-establish the Trees. 10.4 If an Order has been issued under this By-law or by the court, and the order has not been complied with, the contravention of the Order shall be deemed to be a continuing offence for each day or part of the day that the Order is not complied with. 10.5 The destruction of two or more Trees without or in contravention of a Permit shall be deemed to be a “multiple offence” as provided in the Municipal Act and shall be subject to the per tree penalties prescribed in section 10.1 and 10.2. 11. ENFORCEMENT 11.1 The provisions of this By-law may be enforced by an Officer. 11.2 An Officer or any person authorized by an Officer may, at any reasonable time, enter upon and inspect any land for the purposes of enforcing this By- law, determining compliance with this By-law, determining compliance with terms and conditions of a Permit issued under this By-law, determining compliance with an Order issued under this By-law or laying charges under this By-law. 11.3 An Officer exercising a power may be accompanied by a Person under his or her direction. 11.4 Any Person who obstructs or interferes with an Officer, or any Person or agent authorized by an Officer, in the discharge of his or her duties under this By-law, shall be considered in violation of this By-law. 11.5 Any Person who provides false information to an Officer shall be deemed to have obstructed or interfered with the Officer in the execution of their duties. 12. ADMINISTRATION 12.1 If any section or part of this By-law is found by any court of competent jurisdiction to be illegal or beyond the power of Regional Council to enact, such section or part shall be deemed to be severable and all other sections or parts of this By-law shall be deemed to be separate and independent therefrom and to be enacted as such. Page 352 of 546 PDS 4-2025 - Appendix 2 Page 18 of 20 12.2 The short title of this By-law is the “Woodland Conservation By-law”. 12.3 By-law 2020-79 of the Regional Municipality of Niagara and all amendments thereto, are hereby repealed. 12.4 Despite subsection 12.3, By-law 2020-79, as amended, shall continue to apply to: 12.4.a proceedings in respect of offences that occurred before its repeal; and, 12.4.b permits in compliance with By-law 2020-79, which were approved prior to its repeal. 12.5 That this By-law shall come into force and effect on the day upon which it is passed. THE REGIONAL MUNICIPALITY OF NIAGARA James Bradley, Regional Chair Ann-Marie Norio, Regional Clerk Passed: <date> Page 353 of 546 PDS 4-2025 – Appendix 3 Appendix 3. Table summarizing proposed Woodland by-law updates and the reason for their consideration. The primary reason for updates is driven by changes in the updated Regional Official Plan and/or changes to municipal planning responsibilities due to Planning Act changes, with further minor refinements to other areas recommended by Regional staff. Reason for Update By-law Section Description of Update Other Staff Niagara Official Plan Official Plan Transition PPS (2024) Conformity Recommended (2022) Conformity Changes Preamble WHEREAS Statement Updates Yes No No No 1.1 Agricultural Use Definition Update No Yes No No 1.14 Move Normal Farm Practice No No No YesDefinition to Section 4 1.26.a Sensitive Natural Area Definition Yes Yes No No Update 4.15 Agricultural Exemptions Update Yes YesNo No 4.16 Standalone Normal Farm Practice No YesNo No Exemption addition 9.4, 9.5 Removal of Failure to Comply with Work Order and Cost Recovery No YesNo No Clause Page 354 of 546 Bill 2025-24 Authorization Reference: PEDC 4-2025 Minute Item: Item 6.2 Page 1 of 4 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. 2025-24 A BY-LAW TO AMEND BY-LAW 2020-79 BEING A BY- LAW TO PROHIBIT AND REGULATE DESTRUCTION OR INJURING OF TREES IN THE REGIONAL MUNICIPALITY OF NIAGARA WHEREAS Section 135(2) of the Municipal Act, 2001, S.O. 2001, c. 25, (the “Act”), as amended, provides that Regional Council may by bylaw prohibit or regulate the destruction or injuring of trees in woodlands designated in the by-law; WHEREAS Section 135(7) of the Municipal Act provides that the by-law may require that a permit be obtained to injure or destroy trees in woodlands as designated in the by-law and impose conditions on a permit, including conditions relating to the manner in which destruction occurs and the qualification of persons authorized to injure or destroy trees; WHEREAS Regional Council deems it desirable to enact a by-law for the purposes of: • conserving and improving the Woodlands in the Regional Municipality of Niagara through Good Forestry Practices; • promoting Good Forestry Practices that sustain healthy Woodlands and related natural habitats and environments; • Ensuring the long- term health and productivity of Woodlands; • regulating and controlling the removal, maintenance and protection of trees in Woodlands; • protecting, promoting and enhancing the values of Woodlands; • contributing to human health, recreation, enjoyment and quality of life through the maintenance of Woodland cover; • enhancing biodiversity and forest resilience to help our communities adapt to climate change; WHEREAS on October 22, 2020 By-law No. 2020-79 was passed by Regional Council and this By-law has been in place to prohibit or regulate the destruction or injuring of trees in Woodlands in the Region; and Page 355 of 546 Bill 2025-24 Authorization Reference: PEDC 4-2025 Minute Item: Item 6.2 Page 2 of 4 WHEREAS Regional Council deems it desirable to amend By-law 2020-79 being a By- law to Prohibit or Regulate the Destruction or Injuring of Trees in The Regional Municipality of Niagara. NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as follows: 1. That Section 1.1 of By-Law No. 2020-79 be deleted and be replaced with the following: 1.1 "Agricultural Use" means the growing of crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated onfarm buildings and structures, including, but not limited to livestock facilities, manure storages, value- retaining facilities, and accommodation for full-time farm labour when the size and nature of the operation requires additional employment. 2. That Section 1.14 of By-Law No. 2020-79 be deleted. 3. That Section 1.26a of By-Law No. 2020-79 be deleted and be replaced with the following: 1.26a Within a Provincially Significant Wetland, Provincial Life Sciences Area of Natural Scientific Interest, or Significant Woodland, as those terms are defined in the Regional Official Plan, or, in the case where there is no Regional Official Plan, as defined in the Official Plan of the relevant Area Municipality; or 4. That Section 4.15 of By-Law No 2020-79 be deleted and be replaced with the following: The Harvesting, Injuring or Destruction of Trees by a Farmer that involves the clearing of all or part of a Woodland for Agricultural Use on land that is owned by the Farmer doing the clearing, provided that: 4.15.a The land upon which the clearing is to occur is part of a farm operation or farm corporation that has existed for at least three (3) years prior to such clearing; 4.15.b the land that is cleared is put into Agricultural Use within three (3) years of the date on which such clearing commences; Page 356 of 546 Bill 2025-24 Authorization Reference: PEDC 4-2025 Minute Item: Item 6.2 Page 3 of 4 4.15.c prior to the clearing, the Farmer advises the Officer of the proposed clearing. For the purposes of this section the marking of Trees, a Forest Management Plan or a Silvicultural Prescription, a fee and a Permit are not required; 4.15.d the land being cleared for Agricultural Use is: (i) outside the Urban Area; and (ii) is designated and zoned for Agricultural Use, with no Environmental Overlays, in the Official Plan and Zoning By-law of the Area Municipality, and, where applicable, in the Niagara Escarpment Plan; and 4.15.e the Injuring or Destruction of Trees does not involve a Sensitive Natural Area. 5. That the following wording be added to Section 4 of By-Law No. 2020-79 following Section 4.15 as a new section. 4.16 The Injuring or Destruction of Trees as a result of a ‘Normal Farm Practice’ carried on as part of an ‘Agricultural Operation’ as such terms are defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1, as amended, or any successor legislation; 6. That Section 5.4 of By-Law No. 2020-79 be deleted and be replaced with the following: 5.4 Notwithstanding Sections 5.2 and 5.3, a Good Forestry Practices Permit may be issued where an exclusion provision under the Professional Foresters Act 2000, c.18, as amended, applies and a qualified member of the Ontario Professional Foresters Association provides an opinion that the Harvesting of Trees is consistent with Good Forestry Practices. 7. That Section 9.4 of By-Law No. 2020-79 be deleted. Page 357 of 546 Bill 2025-24 Authorization Reference: PEDC 4-2025 Minute Item: Item 6.2 Page 4 of 4 8. That Section 9.5 of By-Law No. 2020-79 be deleted. 9. That this by-law shall come into force and effect on the day upon which it is passed. THE REGIONAL MUNICIPALITY OF NIAGARA ______________________________________ James Bradley, Regional Chair ______________________________________ Ann-Marie Norio, Regional Clerk Passed: May 22, 2025 Page 358 of 546 Bill 2020-79 Authorization Reference: PEDC 8-2020 Minute Item 6.1 PEDC 4-2025 Minute Item 6.2As amended by By-law No. 2025-24 Page 1 of 19 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. 2020-79 A BY-LAW TO PROHIBIT OR REGULATE THE DESTRUCTION OR INJURING OF TREES IN WOODLANDS IN THE REGIONAL MUNICIPALITY OF NIAGARA WHEREAS Section 135(2) of the Municipal Act, 2001, S.O. 2001, c. 25, (the “Act”), as amended, provides that Regional Council may by bylaw prohibit or regulate the destruction or injuring of trees in woodlands designated in the by-law; AND WHEREAS Section 135(7) of the Municipal Act provides that the by-law may require that a permit be obtained to injure or destroy trees in woodlands as designated in the by-law and impose conditions on a permit, including conditions relating to the manner in which destruction occurs and the qualification of persons authorized to injure or destroy trees; AND WHEREAS Regional Council deems it desirable to enact such a by-law for the purposes of: ▪conserving and improving the Woodlands in the Regional Municipality of Niagara through Good Forestry Practices; ▪promoting Good Forestry Practices that sustain healthy Woodlands and related natural habitats and environments; ▪Ensuring the long- term health and productivity of Woodlands; ▪regulating and controlling the removal, maintenance and protection of trees in Woodlands; ▪protecting, promoting and enhancing the values of Woodlands; ▪contributing to human health, recreation, enjoyment and quality of life through the maintenance of Woodland cover; ▪enhancing biodiversity and forest resilience to help our communities adapt to climate change; WHEREAS on April 10, 2008 By-law No. 30-2008 was passed by Regional Council and this by-law has been in place to prohibit or regulate the destruction or injuring of trees in Woodlands in the Region; Page 359 of 546 Bill 2020-79 Authorization Reference: PEDC 8-2020 Minute Item 6.1 PEDC 4-2025 Minute Item 6.2As amended by By-law No. 2025-24 Page 2 of 19 AND WHEREAS Regional Council wishes to repeal By-law No. 30-2008 and replace same with an updated By-law regulating the destruction or injuring of trees in Woodlands in the Region; NOW THEREFORE Regional Council enacts as follows: 1.DEFINITIONS In this By-law: 1.1 " Agricultural Use" means the growing of crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated onfarm buildings and structures, including, but not limited to livestock facilities, manure storages, value-retaining facilities, and accommodation for full-time farm labour when the size and nature of the operation requires additional employment. 1.2 "Area Municipality" means any one of the municipalities of the Town of Fort Erie, Town of Grimsby, Town of Lincoln, City of Niagara Falls, Town of Niagara-on- the-Lake, Town of Pelham, City of Port Colborne, City of St. Catharines, City of Thorold, Township of Wainfleet, City of Welland, and the Township of West Lincoln; 1.3 “Building Permit” means a building permit issued by an Area Municipality under the Building Code Act, 1992, S.O. 1992, c.23, as amended; 1.4 “Bumper Tree” means a poor quality, low value tree that grows in close proximity to higher value trees and is located along skid roads to protect residual trees from damage during logging and skidding operations; 1.5 “Coppice growth” means clump growth where more than one tree stem grows from a single tree stump and the point of measurement for such growth means that point on each stem measured immediately above the point of fusion, provided such point of fusion is less than 1.37 metres above the highest point of undisturbed ground at the base of the coppice or clump growth; 1.6 “DBH” or “Diameter at Breast Height” means the diameter of the stem of a tree measured at a point that is 1.37 metres above the ground; Page 360 of 546 Bill 2020-79 Authorization Reference: PEDC 8-2020 Minute Item 6.1 PEDC 4-2025 Minute Item 6.2As amended by By-law No. 2025-24 Page 3 of 19 1.7 "Diameter" means the diameter of the stem of a tree measured at a specified Point of Measurement with such measurement including the bark of the stem; 1.8 “Farmer” means a person who has a current and valid farm registration number under the Farm Registration and Farm Organizations Funding Act, 1993, S.O. 1993, c. 21, as amended; 1.9 “Forest Management Plan” means a course of forest management action prescribed for a particular woodland area after specific assessments and evaluations have been made by a Qualified OPFA Member in accordance with the Ministry of Natural Resources document “A Silvicultural Guide to Managing Southern Ontario Forests”, as amended from time to time; 1.10 “Good Forestry Practices" means: 1.10.a the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values, including: significant ecosystems; important fish and Wildlife Habitat; soil and water quality and quantity; forest productivity and health; and the aesthetic and recreational opportunities of the landscape; 1.10.b the cutting and removal of hazardous, severely damaged, diseased and insect-infested trees which must be removed in order to prevent contamination or infestation of other trees or because they no longer contribute to the achievement of forest values; 1.10.c in the case of hazardous, damaged, diseased or insect-infested trees, the maintenance of a Woodland after the cutting and removal is completed unless it is determined through a report prepared by Qualified OPFA Member that trees must be removed and a Woodland would not be maintained; and, 1.10.d the forestry management practices as set out in the Ministry of Natural Resources document “A Silvicultural Guide to Managing Southern Ontario Forests”; Page 361 of 546 Bill 2020-79 Authorization Reference: PEDC 8-2020 Minute Item 6.1 PEDC 4-2025 Minute Item 6.2As amended by By-law No. 2025-24 Page 4 of 19 1.11 “Harvesting” means the Injury or Destruction of a Tree through cutting or other mechanized means. The term “Harvested” shall have a corresponding meaning; 1.12 “Heritage Tree” means a Tree identified and designated by the Council of an Area Municipality as having heritage significance; 1.13 “Injury” or “Destruction” means lasting damage to a Tree, that has the effect of inhibiting or terminating growth and which may include, but is not limited to: 1.13.a broken branches in the crown of a Tree; 1.13. b the breaking off or splitting of the stem of any Tree and the noticeable tipping of any Tree; 1.13.c the splitting of, removal of or damage to the bark of a Tree; or 1.13.d damage to the root structure of a Tree; but does not include damage to Bumper Trees, or pruning or removing branches for maintenance purposes. The terms “Injury”, “Injured”, “Injuring”, “Destroy”, “Destroying” or “Destroyed” shall have a corresponding meaning. 1.14 "Officer" means an individual appointed by Regional Council for the administration and enforcement of this By-law; 1.15 “Owner” means any Person having control over any portion of land that contains Woodland or Woodlands and specifically includes any Person having any right, title, interest or equity in the land and any Person lawfully permitted on the land; 1.16 “Own Use” means use that does not include a commercial sale, exchange or other disposition of trees Injured or Destroyed; 1.17 “Permit” means a permit to Injure or Destroy Trees issued under this By-law; 1.18 “Person” means an individual or a corporation and their respective heirs, executors, administrators or other duly appointed representatives; Page 362 of 546 Bill 2020-79 Authorization Reference: PEDC 8-2020 Minute Item 6.1 PEDC 4-2025 Minute Item 6.2As amended by By-law No. 2025-24 Page 5 of 19 1.19 "Point of Measurement" means the point on a tree trunk measured above the highest point at which the ground meets the tree. For Coppice Growth the Point of Measurement shall be at the point on the tree trunk where the tree stems separate provided that such point of separation is less than 1.37 metres from where the ground meets the tree; 1.20 “Qualified OPFA Member” means a Registered Professional Forester or Associate Member of the Ontario Professional Foresters Association under the Professional Foresters Act 2000, c.18, as amended, certified to practice professional forestry, unless a suspension, term, condition or limitation of certification applies which would restrict the Member from carrying out responsibilities under this By-law; 1.21 “Qualified Tree Marker” means: 1.21.a An individual who is currently certified through the Ontario Ministry of Natural Resources Certified Tree Marker Program; or 1.21.b A Qualified OPFA Member qualified to do tree marking. 1.22 “Region” means The Regional Municipality of Niagara; 1.23 “Regional Council” means the Council of The Regional Municipality of Niagara; 1.24 “Regional Official Plan” means the Official Plan of The Regional Municipality of Niagara; 1.25 "Sensitive Natural Area" means lands that are in a Woodland and: 1.25.a within a Provincially Significant Wetland, Provincial Life Sciences Area of Natural Scientific Interest, or Significant Woodland, as those terms are defined in the Regional Official Plan, or, in the case where there is no Regional Official Plan, as defined in the Official Plan of the relevant Area Municipality; or 1.25.b within a Natural Area as designated in the Niagara Escarpment Plan. Page 363 of 546 Bill 2020-79 Authorization Reference: PEDC 8-2020 Minute Item 6.1 PEDC 4-2025 Minute Item 6.2As amended by By-law No. 2025-24 Page 6 of 19 1.26 “Significant Community Tree” means a Tree identified and designated by the Council of an Area Municipality as having community significance; 1.27 “Silviculture” means the theory and practice of controlling forest establishment, and the composition, growth and quality of forests to achieve the objectives of forest management. The term “Silvicultural” shall have a corresponding meaning; 1.28 “Silvicultural Prescription” means the site specific operational plan, signed and sealed by a Qualified OPFA Member (unless otherwise exempted under the Professional Foresters Act), that describes the existing forest conditions and the forest management objectives for an area, and which prescribes the methods for Harvesting the existing forest stand and a series of silvicultural treatments that will be carried out to establish a free-growing stand in a manner that accommodates other resource values as identified; 1.29 "Tree" or “Trees” means any living species of woody perennial plant, including its root system, which has reached or can reach a height of at least 4.5 meters at physiological maturity; 1.30 “Tree Preservation Plan” means a plan, prepared by a Qualified OPFA Member or Certified Arborist, for the purpose of protecting and preserving trees on properties where development or disturbance of the natural forest cover is to occur; 1.31 “Wildlife Habitat” means areas where plants, animals and other organisms live, and find adequate amounts of food, water, shelter and space needed to sustain their populations. Specific wildlife habitats of concern may include areas where species concentrate at a vulnerable point in their annual or life cycle; and areas which are important to migratory or non-migratory species; 1.32 "Woodland" or “Woodlands” means land on one or more properties with a density of at least: 1.32.a 1,000 Trees, of any size, per hectare; 1.32.b 750 Trees, measuring over five (5) centimetres in Diameter at DBH, per hectare; 1.32.c 500 Trees, measuring over twelve (12) centimetres, in Diameter at DBH, per hectare; or Page 364 of 546 Bill 2020-79 Authorization Reference: PEDC 8-2020 Minute Item 6.1 PEDC 4-2025 Minute Item 6.2As amended by By-law No. 2025-24 Page 7 of 19 1.32.d 250 Trees, measuring over twenty (20) centimetres, in Diameter at DBH, per hectare; but does not include: 1.33.f a cultivated fruit or nut orchard; 1.33.g a plantation established for the purpose of producing Christmas trees and which is being actively managed and Harvested for the purposes for which it was planted, except that this does not refer to plantations that have ceased being managed or Harvested for their intended purpose for a period of 15 years or more; or 1.33.h a bona fide tree nursery that is being actively managed and harvested for the purposes for which it was planted; 1.33.i a hedgerow or windrow less than 20 meters in width. 2.APPLICATION OF THE BY-LAW This By-law shall apply to: 2.1 all Woodlands having an area of one (1) hectare or more; 2.2 all Woodlands having an area of less than one (1) hectare upon delegation of such authority by an Area Municipality to the Region; and 2.3 Heritage Trees and Significant Community Trees identified and designated by the Council of an Area Municipality, upon delegation of such authority by an Area Municipality to the Region. 3.GENERAL PROHIBITIONS 3.1 No Person through their own actions or through any other Persons shall Injure or Destroy any Tree located in Woodlands: 3.1.a Unless exempted under Section 4 of this By-law; or Page 365 of 546 Bill 2020-79 Authorization Reference: PEDC 8-2020 Minute Item 6.1 PEDC 4-2025 Minute Item 6.2As amended by By-law No. 2025-24 Page 8 of 19 3.1.b Unless in possession of a valid Permit issued under this By-law and in accordance with its terms or conditions. 3.2 No Person through their own actions or through any other Person shall: 3.2.a Contravene the terms or conditions of a Permit issued under this By-law; 3.2.b Fail to comply with an Order issued under this By-law; or 3.2.c Remove or deface any Order that has been posted pursuant to this By-law. 3.3 No Person through their own actions or through any other Person shall Injure or Destroy any Tree that has been designated by the Council of an Area Municipality as a Heritage Tree or a Significant Community Tree, provided that the authority to regulate such Trees has been delegated to the Region by the Area Municipality. 3.4 An Owner is deemed to have knowledge of, to have permitted, and to be liable for actions that violate this By-law that occur on the portion of land over which the Owner has control. 3.5 A Person is not liable under Section 3.4 of this By-law if such Person establishes, on a balance of probabilities, that the actions that violate this By-law occurred before or after such Person was an Owner. 4.EXEMPTIONS Despite Section 3 of this By-law, this By-law does not apply to: 4.1 Activities or matters undertaken by a municipality or a local board of a municipality; 4.2 Activities or matters undertaken under a licence issued under the Crown Forest Sustainability Act, 1994, S.O. 1994, c.25, as amended; 4.3 The Injuring or Destruction of Trees by a Person licensed under the Surveyors Act, R.S.O. 1990, c. S.29, as amended, to engage in the practice of cadastral surveying or his or her agent, while making a survey; Page 366 of 546 Bill 2020-79 Authorization Reference: PEDC 8-2020 Minute Item 6.1 PEDC 4-2025 Minute Item 6.2As amended by By-law No. 2025-24 Page 9 of 19 4.4 The Injuring or Destruction of Trees imposed after December 31, 2002: 4.4.a as part of a Tree Preservation Plan required as a condition of approval in a plan of subdivision that has received draft approval under Section 51 of the Planning Act; 4.4.b as part of a Tree Preservation Plan required as a condition on a consent approved under Section 53 of the Planning Act; 4.4.c as a condition to the approval of a site plan or a plan of subdivision under Sections 41 and 51, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections; 4.4.d in a development agreement between an Owner and an Area Municipality; 4.4.e as a condition to a development permit authorized by regulation made under Section 23(b) of the Niagara Escarpment Planning and Development Act, R.S.O 1990, c. N.2, as amended; or 4.4.f as a condition to a development permit authorized by regulation made under Section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation. 4.5 The Injuring or Destruction of Trees by a transmitter or distributor, as those terms are defined in Section 2 of the Electricity Act, 1998, S.O. 1998, c.15, Sched. A, as amended, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section; 4.6 The Injuring or Destruction of Trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; R.S.O 1990, c. A.8, as amended; 4.7 The Injuring or Destruction of Trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land: 4.7.a that has not been designated under the Aggregate Resources Act or a predecessor of that Act; and Page 367 of 546 Bill 2020-79 Authorization Reference: PEDC 8-2020 Minute Item 6.1 PEDC 4-2025 Minute Item 6.2As amended by By-law No. 2025-24 Page 10 of 19 4.7.b on which a pit or quarry is a permitted land use under a by-law passed under Section 34 of the Planning Act. 4.8 The Injuring or Destruction of Trees that is required in order to erect any building, structure or thing, including yard areas, in respect of which a Building Permit has been issued and has taken into consideration the protection of Trees surrounding the structure or work within the building envelope, provided that no Tree is removed that is located more than 15 metres from the outer edge of the building, structure or thing, and that only those Trees necessary to accommodate the building structure or thing, including yard areas, are removed; 4.9 The Injuring or Destruction of Trees that is reasonably required in order to install and provide utilities, including a private waste disposal system, to the construction or use of the building, structure or thing in respect of which a Building Permit has been issued; 4.10 The Injuring or Destruction of Trees that is required in order to install, provide or maintain a driveway of sufficient width for vehicular access to the building, structure or thing in respect of which a Building Permit has been issued; 4.11 The Injuring or Destruction of Trees on lands, including buffer lands, used for the purpose of a licenced waste disposal site that has been approved, where applicable, under the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended, the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended, the Environmental Assessment Act, R.S.O. 1990, c. E.18, as amended, the Planning Act, and/or the Niagara Escarpment Planning and Development Act; 4.12 The Injuring or Destruction of Trees for the construction of drainage works under the Drainage Act, R.S.O. 1990, c. D.17, as amended; 4.13 The Injuring or Destruction of Trees that: 4.13.a are dead; 4.13.b are diseased, as identified in a Silvicultural Prescription or Forest Management Plan; or 4.13.c pose a hazard to human safety or property. Page 368 of 546 Bill 2020-79 Authorization Reference: PEDC 8-2020 Minute Item 6.1 PEDC 4-2025 Minute Item 6.2As amended by By-law No. 2025-24 Page 11 of 19 4.14 The Injuring or Destruction of Trees by an Owner of a Woodland who may Harvest, Destroy or Injure Trees for his or her Own Use on his or her property provided that: 4.14.a Good Forestry Practices are employed in accordance with the Ministry of Natural Resources document “A Silvicultural Guide to Managing Southern Ontario Forests”; and 4.14.b the Injuring or Destruction, in that part of the Woodland where Trees have been Injured or Destroyed, does not reduce the number of Trees per hectare below that necessary to constitute a Woodland. 4.15 The Harvesting, Injuring or Destruction of Trees by a Farmer that involves the clearing of all or part of a Woodland for Agricultural Use on land that is owned by the Farmer doing the clearing provided that: 4.15.a the land upon which the clearing is to occur is part of a farm operation or farm corporation that has existed for at least three (3)years prior to such clearing; 4.15.b the land that is cleared is put into Agricultural Use within three(3) years of the date on which such clearing commences; 4.15.c prior to the clearing, the Farmer advises the Officer of the proposed clearing. For the purposes of this section the marking of Trees, a Forest Management Plan or a Silvicultural Prescription, a fee and a Permit are not required; 4.15.d the land being cleared for Agricultural Use is (i)outside the Urban Area; and (ii)is designated and zoned for Agricultural Use, with no Environmental Overlays, in the Official Plan and Zoning By-law of the Area Municipality, and, where applicable, in the Niagara Escarpment Plan; 4.15.e the Injuring or Destruction of Trees does not involve a Sensitive Natural Area. Page 369 of 546 Bill 2020-79 Authorization Reference: PEDC 8-2020 Minute Item 6.1 PEDC 4-2025 Minute Item 6.2As amended by By-law No. 2025-24 Page 12 of 19 4.16 The Injuring or Destruction of Trees as a result of a ‘Normal Farm Practice’ carried on as part of an ‘Agricultural Operation’ as such terms are defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1, as amended, or any successor legislation; 4.17 The Harvesting, Injuring or Destruction of non-native/invasive Trees in a Woodland for the purpose of restoring the tree cover to native species as per an approved Forest Management Plan or Silvicultural Prescription. 4.18 The Injuring or Destruction of Trees in a Woodland for the purpose of conducting site rehabilitation activities to remove and/or treat contaminated soils. A reforestation plan must be prepared and approved by the Officer prior to Tree removal. 5.GOOD FORESTRY PRACTICES PERMITS 5.1 The Niagara Region hereby delegates to an Officer the authority to issue a Good Forestry Practices Permit under this By-law, and to impose such terms and conditions in accordance with Good Forestry Practices. 5.2 An application for a Good Forestry Practices Permit shall be submitted at least four (4) weeks prior to the commencement date of Harvesting and shall include the following: 5.2.a a complete signed application form as provided by the Region; 5.2.b a copy of the Silvicultural Prescription sealed by a Qualified OPFA Member; and, 5.2.c A signature from a Qualified OPFA Member confirming proof that the marking of the Trees to be cut has been carried out by a Qualified Tree Marker in accordance with a Silvicultural Prescription or Forest Management Plan. Tree marking must include clean, legible paint marks at breast height, visible from any direction,and 40 centimetre stump marks that are in crevices (if available) and run right to the ground. Page 370 of 546 Bill 2020-79 Authorization Reference: PEDC 8-2020 Minute Item 6.1 PEDC 4-2025 Minute Item 6.2As amended by By-law No. 2025-24 Page 13 of 19 5.3 A Good Forestry Practices Permit issued under this By-law shall be subject to the following terms and conditions: 5.3.a Trees which are to be harvested are cut in accordance with Good Forestry Practices, and as described in a Silvicultural Prescription sealed by a Qualified OPFA Member; 5.3.b the Harvesting, Injuring or Destruction of Trees will not reduce the number of Trees per hectare below the minimum number of Trees per hectare required to be considered a Woodland; 5.3.c The Permit-holder must notify the Officer at least 48 hours before start of cutting and again upon resumption of activities after any four (4) week period of inactivity; and 5.3.d Any other terms and conditions deemed appropriate and imposed by the Officer. 5.4 Notwithstanding Sections 5.2 and 5.3, a Good Forestry Practices Permit may be issued where an exclusion provision under the Professional Foresters Act c.18, as amended, applies and a qualified member of the Ontario Professional Foresters Association provides an opinion that the Harvesting of Trees is consistent with Good Forestry Practices. 6.PERMIT APPLICATION PROCESS 6.1 Every Person who intends to Injure or Destroy Trees personally or through another Person, where a Permit to do so is required under this By-law, shall first complete and submit an application for a Permit in the form approved by the Region from time to time. 6.2 Applications for Permits will be processed only if: 6.2.a the appropriate application form, approved by the Region from time to time, has been completed in full, duly signed and submitted to the Officer; 6.2.b the requirements that must be submitted with an application have been included; and Page 371 of 546 Bill 2020-79 Authorization Reference: PEDC 8-2020 Minute Item 6.1 PEDC 4-2025 Minute Item 6.2As amended by By-law No. 2025-24 Page 14 of 19 6.2.c applications are in keeping with the general purpose and intent of this By-law. 6.3 A Permit application that does not meet the requirements of clauses 6.2.a, 6.2.b and 6.2.c will be returned to the applicant within 30 days. 6.4 A Permit may be: 6.4.a issued by the Officer to the Owner for a term of up to one (1) year from the date of issue and shall not be transferable; and, 6.4.b may be renewed by the Officer for up to two (2) additional one (1) year terms contiguous with the expiry date of the original Permit and after a written request from the Owner for renewal is made to the Officer, who must be satisfied that there are reasonable grounds for the renewal. 6.5 In addition to those terms and conditions listed in section 5.3, the Officer may impose conditions to a Permit that relate to, but which are not restricted to: 6.5.a the manner and timing in which Harvesting, Injuring or Destruction is to occur; 6.5.b the species, size, number and location of Trees to be Injured or Destroyed, or to be planted; 6.5.c the marking of Trees to be cut with paint; 6.5.d the qualifications of Persons authorized to Injure or Destroy Trees; 6.5.e the submission of additional information required before the Permit becomes effective; 6.5.f measures to be implemented to mitigate the direct and indirect effects of the Injuring or Destruction on Sensitive Natural Areas; and 6.5.g a follow-up fuelwood (firewood) harvest. Page 372 of 546 Bill 2020-79 Authorization Reference: PEDC 8-2020 Minute Item 6.1 PEDC 4-2025 Minute Item 6.2As amended by By-law No. 2025-24 Page 15 of 19 6.7 When denying a Permit, the Officer will notify the applicant in writing by registered mail. The Officer shall provide written reasons for their decision to the applicant. 6.8 A Permit issued under the By-law does not relieve the Owner of any other applicable property boundary, municipal, provincial, or federal by-laws, regulations or requirements. 7.APPEALS TO REGIONAL COUNCIL 7.1 An applicant for a Permit under this By-law may be appealed to Regional Council if: 7.1.a the Officer refuses to issue a Permit; such an appeal must be made within 30 days after the refusal; or 7.1.b if the applicant objects to a condition in the Permit; such an appeal must be made within 30 days after the issuance of the Permit. 7.2 A request by an applicant for a hearing shall be made in writing and filed with the Regional Clerk. 7.3 Regional Council shall hold a hearing on the issue and shall give the applicant an opportunity to make representations at the hearing. The Regional Clerk shall mail a notice of hearing to the applicant at least seven (7) days before the hearing. 7.4 Regional Council may: 7.3.a Uphold the decision of the Officer; 7.3.b Vary any condition on a Permit; or 7.3.c Issue a Permit with conditions as Regional Council considers appropriate. 7.5 Regional Council will provide reasons for its decision. The decision of the Regional Council is final. Page 373 of 546 Bill 2020-79 Authorization Reference: PEDC 8-2020 Minute Item 6.1 PEDC 4-2025 Minute Item 6.2As amended by By-law No. 2025-24 Page 16 of 19 8.ORDERS TO DISCONTINUE ACTIVITY 8.1 Where an Officer is satisfied that a contravention of this By-law has occurred, the Officer may make an Order requiring the Person who contravened the By- law or who caused or permitted the Injuring or Destruction of Trees in contravention of the By-law to stop the Injuring or Destruction of Trees. The Order shall set out: 8.1.a the municipal address or the legal description of the land; 8.1.b reasonable particulars of the contravention; and 8.1.c the period within which there must be compliance with the Order. 8.2 An Order issued under this By-law may be served personally or by registered mail to the last known address of: 8.2.a the Owner of the Woodland; and 8.2.b the person identified as Injuring or Destroying Trees. 8.3 Where service of an Order is made by registered mail, service shall be deemed to have been served on the fifth day after the date the Order is mailed. 8.4 Where service cannot be carried out under subsection 8.2, the Officer shall place a placard containing the terms of the Order in a conspicuous place on the affected lands. The placing of the placard shall be deemed to be sufficient service of the Order on the Person to whom the Order is directed. The placard shall not be removed without the approval of the Officer. 9.WORK ORDERS 9.1 Where an Officer believes that a contravention of this By-law has occurred, the Officer may issue an Order requiring the Person to rehabilitate the land or Woodlands, or to plant or replant Trees. Page 374 of 546 Bill 2020-79 Authorization Reference: PEDC 8-2020 Minute Item 6.1 PEDC 4-2025 Minute Item 6.2As amended by By-law No. 2025-24 Page 17 of 19 9.2 The Order shall set out: 9.2.a the name and the Owner and the municipal address or the legal description of the land; 9.2.b reasonable particulars of the contravention; 9.2.c the work to be done and the date by which the work must be done; 9.2.d a statement that if the work is not done in compliance with the Order within a specified time period, the Region may have the work done at the expense of the Owner; and, 9.2.e contact information of the Officer. 9.3 The Order may be served in accordance with the service provisions contained in section 8. 10.PENALTY 10.1 Any Person who contravenes any provision of this By-law, or an Order issued under this By-law is guilty of an offence and is liable: 10.1.a on first conviction, to a fine of not more than $10,000 or $1,000 per Tree, whichever is greater; on any subsequent conviction for the same offence, to a fine of not more than $25,000 or $2,500 per Tree, whichever is greater; and, 10.1.b on conviction for a continuing offence, to a fine of not less than $100 and not more than $10,000 for each day or part of a day that the offence continues. The total of the daily fines may exceed $100,000. 10.2 Despite subsection 10.1, where the Person convicted is a corporation: 10.2.a the maximum fines in clause 10.1.a are $50,000 or $5,000 per Tree; and 10.2.b the maximum fines in clause 10.1.b are $100,000 or $10,000 Page 375 of 546 Bill 2020-79 Authorization Reference: PEDC 8-2020 Minute Item 6.1 PEDC 4-2025 Minute Item 6.2As amended by By-law No. 2025-24 Page 18 of 19 per Tree. 10.3 If a Person is convicted of an offence for contravening this By-law or an Order is issued under this By-law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may order the Person to rehabilitate the land or to plant or replant Trees in such a manner and within such period as the court considers appropriate, including any silvicultural treatment necessary to re-establish the Trees. 10.4 If an Order has been issued under this bylaw or by the court, and the order has not been complied with, the contravention of the Order shall be deemed to be a continuing offence for each day or part of the day that the Order is not complied with. 10.5 The destruction of two or more Trees without or in contravention of a Permit shall be deemed to be a “multiple offence” as provided in the Municipal Act and shall be subject to the per tree penalties prescribed in section 10.1 and 10.2. 11.ENFORCEMENT 11.1 The provisions of this By-law may be enforced by an Officer. 11.2 An Officer or any person authorized by an Officer may, at any reasonable time, enter upon and inspect any land for the purposes of enforcing this By- law, determining compliance with this By-law, determining compliance with terms and conditions of a Permit issued under this By-law, determining compliance with an Order issued under this By-law or laying charges under this By-law. 11.3 An Officer exercising a power may be accompanied by a Person under his or her direction. 11.4 Any Person who obstructs or interferes with an Officer, or any Person or agent authorized by an Officer, in the discharge of his or her duties under this By-law, shall be considered in violation of this By-law. 11.5 Any Person who provides false information to an Officer shall be deemed to have obstructed or interfered with the Officer in the execution of their duties. Page 376 of 546 Bill 2020-79 Authorization Reference: PEDC 8-2020 Minute Item 6.1 PEDC 4-2025 Minute Item 6.2As amended by By-law No. 2025-24 Page 19 of 19 12.ADMINISTRATION 12.1 If any section or part of this By-law is found by any court of competent jurisdiction to be illegal or beyond the power of Regional Council to enact, such section or part shall be deemed to be severable and all other sections or parts of this By-law shall be deemed to be separate and independent therefrom and to be enacted as such. 12.2 The short title of this By-law is the “Woodland Conservation By-law”. 12.3 Despite subsection 12.3, By-law 30-2008, as amended, shall continue to apply to: 12.3.a proceedings in respect of offences that occurred before its repeal; and, 12.4 That this by-law shall come into force and effect on January 31, 2021. THE REGIONAL MUNICIPALITY OF NIAGARA James Bradley, Regional Chair Ann-Marie Norio, Regional Clerk Passed: October 22, 2020 Page 377 of 546 A Great City … For Generations To Come PLANNING, BUILDING & DEVELOPMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Planning, Building and Development Date: July 8, 2025 Re: Niagara Region Woodland Conservation By-law Update On May 22, 2025, Regional Council received and approved Report PBD-4-2025 and By-law No. 2025-25, which amended the Region’s Woodland Conservation By-law No. 2020-79. The amendments were driven by the need to align with Niagara Official Plan (2022), to reflect the downloading of planning responsibilities in Niagara, to be consistent with the Provincial Planning Statement (PPS 2024), and to add additional provisions for the protection of environmental features. The following changes were made: • References to the Regional Official Plan were deleted. • Definitions were updated to match those found in PPS 2024 (i.e. “Agricultural Use”), the Farming and Food Production Protection Act (i.e. “Normal Farm Practices”), and Niagara/Local Official Plans (i.e. “Sensitive Natural Area”—now lists individual features that have the “no touch” level of protection” such as Provincially Significant Wetland or Significant Woodland). • Agricultural exemptions were streamlined to permit clearing: o When a farm operation/corporation has existed for at least 3 years; or, o When a farm operation/corporation is planned to start within 3 years. o For “Normal Farm Practice” to allow for pre-existing and ongoing agricultural practices. • Clearing is only permitted on land outside an Urban Area that is designated and zoned for Agricultural use that has no Environmental overlays in a Local Official Plan and Zoning By-law (as well as the Niagara Escarpment Plan, if applicable). • In a “Sensitive Natural Area”, trees cannot be injured or destroyed. • Removes subclauses that permitted the Region, if an Order was not complied with, to undertake the work and recover costs; and, retains subclauses that state the Region may have to work done (i.e. by a contractor) at the expense of the Owner. Julie Hannah Manager of Policy Planning Attach. Page 378 of 546 Administration Office of the Regional Clerk 1815 Sir Isaac Brock Way, PO Box 1042, Thorold, ON L2V 4T7 Telephone: 905-980-6000 Toll-free: 1-800-263-7215 Fax: 905-687-4977 www.niagararegion.ca June 19, 2025 CL 8-2025, May 22, 2025 PEDC 4-2025, May 7, 2025 PDS 4-2025, May 7, 2025 Distribution List SENT ELECTRONICALLY Woodland Conservation By-law Update PDS 4-2025 Regional Council, at its meeting held on May 22, 2025, passed the following recommendation of its Planning and Economic Development Committee: That Report PDS 4-2025, dated May 7, 2025, respecting Woodland Conservation By-law Update, BE RECEIVED and the following recommendations BE APPROVED: 1. That By-law No. 2020-79, being A By-Law to Prohibit or Regulate the Destruction or Injuring of Trees in Woodlands in The Regional Municipality of Niagara (short title being the “Woodland Conservation By-law”), BE AMENDED to reflect the changes set out in Appendix 2 to Report PDS 4-2025; 2. That the necessary amending By-law BE PREPARED and PRESENTED to Regional Council for consideration; and 3. That Report PDS 4-2025 and a final copy of the amended By-law, BE CIRCULATED to the Local Area Municipalities, NPCA, Niagara Federation of Agriculture, Niagara Woodlot Association, Niagara Home Builders Association, Niagara Construction Association and Niagara Parks Commission. A copy of Report PDS 4-2025 and By-law No. 2025-24 is enclosed for your reference. Yours truly, Ann-Marie Norio Regional Clerk js CLK-C 2025-055 Page 379 of 546 Page 2 cc: D. Root, Regional Forester M. Sergi, Deputy Chief Administrative Officer N. Oakes, Executive Assistant to Deputy Chief Administrative Officer Distribution List: Local Area Municipalities Niagara Peninsula Conservation Authority Niagara Federation of Agriculture Niagara Woodlot Association Niagara Home Builders Association Niagara Construction Association Niagara Parks Commission Page 380 of 546 PDS 4-2025 May 7, 2025 Page 1 Subject: Woodland Conservation By-law Update Report to: Planning and Economic Development Committee Report date: Wednesday, May 7, 2025 Recommendations 1. That By-law No. 2020-79, being A By-Law to Prohibit or Regulate the Destruction or Injuring of Trees in Woodlands in The Regional Municipality of Niagara (short title being the “Woodland Conservation By-law”), BE AMENDED to reflect the changes set out in Appendix 2 to Report PDS 4-2025; 2. That the necessary amending By-law BE PREPARED and PRESENTED to Regional Council for consideration; and 3. That Report PDS 4-2025 and a final copy of the amended By-law, BE CIRCULATED to the Local Area Municipalities, NPCA, Niagara Federation of Agriculture, Niagara Woodlot Association, Niagara Home Builders Association, Niagara Construction Association and Niagara Parks Commission. Key Facts • The purpose of this report is to present the updated Niagara Region Woodland Conservation By-law for Regional Council review and approval. • Niagara Region’s Woodland Conservation By-law was last updated in 2020. Since then many significant changes have been made to Regional and Provincial planning policies and documents, including official plans. • The goal of the updates is to ensure that the By-law can continue to be effectively interpreted and administered in response to changing natural heritage definitions and planning responsibilities in Niagara Region. • The majority of changes relate to Agricultural Use exemptions. Further minor changes and modernizations are also recommended. Page 381 of 546 PDS 4-2025 May 7, 2025 Page 2 Financial Considerations Financial costs of undertaking the Woodland Conservation Bylaw review internally have been accommodated within the approved 2024 and 2025 Infrastructure Planning operating budgets. The budget covers staffing and associated expenses for one full- time staff member, a Registered Professional Forester, to administer this By-law. Analysis Background: The Woodland Conservation By-law Section 135(2) of the Municipal Act authorizes upper-tier municipalities to pass by-laws regulating activities that injure or destroy trees within woodlands greater than one hectare in size, as defined in the Forestry Act. Regional Council passed the Woodland Conservation By-law 2020-79 in October 2020. The current version of the Woodland By-law has been administered internally by Regional staff since January 31st, 2021. Changing Official Plans and Planning Authority Requires By-law Update The current iteration of the Woodland By-law contains language referring to environmental designations as provided for in the then current Regional Official Plan (2014), and the official plans of local municipalities. Regional Council adopted the most recent version of the Niagara Official Plan (NOP) in June 2022, two years after enacting the current Woodland Conservation By-law. In 2022, the Provincial government passed Bill 23, the More Homes Built Faster Act, 2022, which has the effect of making Niagara Region an “upper-tier municipality without planning responsibilities” effective March 31st, 2025. As a result, the NOP will be downloaded to the lower tier municipalities until such time as it is replaced by updated local official plans. Taken together, these changes create the need to update Niagara Region’s Woodland Conservation By-law to ensure viability and clear interpretation going forward. Consultation As a result of the changing planning responsibilities in Niagara Region, Niagara Staff conducted an internal analysis and consulted with the Regional Agriculture Policy and Action Committee and Local Area Municipalities. Page 382 of 546 PDS 4-2025 May 7, 2025 Page 3 The Woodland By-law was reviewed internally by Regional by-law and planning staff, and a first draft of proposed revisions was sent to members of the Agricultural Policy and Action Committee (APAC) and area municipalities in the Spring of 2024. Proposed updates to the By-law were modified based on feedback received by APAC members and area municipalities. Further modifications to the proposed changes were made following a review by internal legal staff. A second draft of proposed changes was sent to APAC members and area municipalities in February 2025. Comments and discussion with APAC members lead to further minor revisions. Proposed Changes to the Woodland By-law The proposed by-law modernizations are largely driven by the need to ensure alignment with the reality of planning policy in Niagara Region going forward – post Bill 23. In this way, the substantive updates are principally the result of: (i) ensuring alignment with the Niagara Official Plan (2022); (ii) the Region’s Official Plan being transitioned to local area municipalities; and/or (iii) aligning the By-law to the 2024 Provincial Planning Statement, as set out below: Section 1.1: The definition of “Agricultural Use” was updated to match language in the most recent Provincial Planning Statement (2024) Section 1.26: The Sensitive Natural Area Definition was updated to refer to environmental features in the 2022 NOP that now receive a similar level of protection to Environmental Protection Area features in the 2014 NOP. The 2014 Official Plan divided all natural heritage features into one of two categories: Environmental Conservation Area (ECA) and Environmental Protection Area (EPA). Within ECAs, certain activities were permitted provided that a no net-negative impact threshold was maintained. In contrast, EPA designation represented a higher, “no touch” level of environmental protection. The 2022 version of the Niagara Official Plan eliminates ECA and EPA categories, instead assigning specific protection thresholds to individual environmental feature types. The updated Sensitive Natural Areas definition includes features afforded a “no touch” level of protection in the 2022 NOP, aligning the By-law with environmental protection levels in the current council-approved Official Plan. Section 4.15: The agricultural exemption has been streamlined, and references to local official plans have been added. Specifically, clarification that Urban Area boundaries are determined by Local Official Plans, rather than the Regional Official Plan. The updates further clarify that for Local Area Municipalities that use zoning overlay systems, environmental overlays cannot be ignored when determining whether an area is designated for agricultural use in a Local Official Plan. This change recognizes the Page 383 of 546 PDS 4-2025 May 7, 2025 Page 4 increased role that area municipalities will play in determining the location and extent of environmental features in their updated official plans. Given the updates to the definition of “Sensitive Natural Areas” the reference to permit application for Sensitive Natural Areas has been removed. The By-law permitting system continues to be addressed in Sections 5 and 6 of the By-Law where, in accordance with the requirements of those sections, applications can be submitted for Good Forestry Practices Permits. Finally, the references to Normal Farm Practices have been removed, and a new separate exemption explicitly related to activities that are Normal Farm Practices has been created. Section 4.16: A stand-alone exemption for Normal Farm Practices ensures that pre- existing and ongoing agricultural practices will not be impacted by the updated Sensitive Natural Areas definition. An additional change is being recommended to Section 9 which removes a potential remedy that has not, as a practical matter, ever been used in the context of this By-law. Regional by-law staff will maintain the ability to issue Orders, charge a landowner with a By-law violation for failing to comply with an Order, and to register Orders on title following a legal process. Redline and clean copies of the updated By-law are found in Appendix 1 and Appendix 2, respectively, which capture the above referenced edits together with some additional housekeeping items. Appendix 3 provides a summary of impacted sections. Alternatives Reviewed Alternate draft updates to the Woodland By-law were considered and circulated by Regional Staff to members of Agricultural Policy and Action Committee and local municipalities and were reviewed by internal Legal staff. Many proposed changes were either modified or removed based on feedback received by APAC members and area municipalities. The final version of proposed updates aims to maintain the By-law in its current structure while aligning environmental protection objectives with changing language and expectations in relevant municipal official plans. Not updating the By-law will result in definitions that are misaligned with relevant planning language and objectives resulting in challenges to by-law interpretation and enforceability by staff and the public. Page 384 of 546 PDS 4-2025 May 7, 2025 Page 5 Relationship to Council Strategic Priorities Effective Region - The proposed changes will ensure that the Woodland By-law remains enforceable and clearly understood in a changing municipal context. Green and Resilient Region - The proposed updates align with expanded protection of Significant Woodlands enacted by council through the adoption of updated environmental policies in the 2022 Regional Official Plan. Prosperous Region - The proposed updates expand and clarify the exemption for Normal Farm Practices, ensuring that preexisting agricultural uses can continue on existing farmland in Niagara Region. Other Pertinent Reports • DPD 49-2006 - Update on the Tree Conservation By-law • CAO 4-2008 - Tree and Forest Conservation By-law Amendments • DPD 133-2007 - Tree and Forest Conservation By-law Amendments • Service Level Agreement Tree and Forest Conservation By-law August 2008 • PDS 13-2019 - Initiation of a Woodland By-law Review (https://www.google.com/url?client=internal-element- cse&cx=005774670460367375179:kxndu-yx3mm&q=https://pub- niagararegion.escribemeetings.com/filestream.ashx%3FDocumentId%3D2496&sa= U&ved=2ahUKEwj8wpCEgfGMAxUxLVkFHeHQASsQFnoECAEQAg&usg=AOvVaw 0aQWm117ShZrUNfdIxpyEZ) • CWCD 41-2020- Woodland By-law Review Update • PDS 16-2020 Woodland Conservation By-law Review (https://www.google.com/url?client=internal-element- cse&cx=005774670460367375179:kxndu-yx3mm&q=https://pub- niagararegion.escribemeetings.com/filestream.ashx%3FDocumentId%3D11805&sa =U&ved=2ahUKEwi1yKL4g_GMAxXCEFkFHY_lNSkQFnoECBIQAg&usg=AOvVaw 2wo-Fg6C5ukAiy1bWhpvOc) Page 385 of 546 PDS 4-2025 May 7, 2025 Page 6 ________________________________ Prepared by: Daniel Root, RPF Regional Forester Public Works Department _______________________________ Recommended by: Terry Ricketts, P.Eng. Commissioner of Public Works Public Works Department ________________________________ Submitted by: Ron Tripp, P.Eng. Chief Administrative Officer This report was prepared in consultation with Cara Lampman, Manager of Environmental Planning, and reviewed by Brian Wilson, Legal Counsel and Diana Morreale, Director of Growth Management and Planning. Appendices Appendix 1 Revised Woodland Conservation By-law (2020-79) – mark-up copy Appendix 2 Niagara Region Woodland Conservation By-law (2025-xx) – clean copy Appendix 3 Table summarizing proposed Woodland by-law updates Page 386 of 546 PDS 4-2025 - Appendix 1 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. <> A BY-LAW TO PROHIBIT OR REGULATE THE DESTRUCTION OR INJURING OF TREES IN WOODLANDS IN THE REGIONAL MUNICIPALITY OF NIAGARA WHEREAS Section 135(2) of the Municipal Act, 2001, S.O. 2001, c. 25, (the “Act”), as amended, provides that Regional Council may by bylaw prohibit or regulate the destruction or injuring of trees in woodlands designated in the by-law; AND WHEREAS Section 135(7) of the Municipal Act provides that the by-law may require that a permit be obtained to injure or destroy trees in woodlands as designated in the by-law and impose conditions on a permit, including conditions relating to the manner in which destruction occurs and the qualification of persons authorized to injure or destroy trees; AND WHEREAS Regional Council the Council for The Regional Municipality of Niagara (“Regional Council”) deems it desirable to enact such a by-law for the purposes of: conserving and improving the Woodlands in the Regional Municipality of Niagara (the “Region”) through Good Forestry Practices; promoting Good Forestry Practices that sustain healthy Woodlands and related natural habitats and environments; helping to achieve the objectives of the Regional Official Plan to ensure Ensuring the long-term health and productivity of Wwoodlands; regulating and controlling the removal, maintenance and protection of trees in Woodlands; protecting, promoting and enhancing the values of Woodlands; contributing to human health, recreation, enjoyment and quality of life through the maintenance of Woodland cover; enhancing biodiversity and forest resilience to help our communities adapt to climate change; supporting the objective of the Regional Official Plan to maintain, restore and, enhance the ecological health, integrity and biodiversity of the Core Natural Heritage System and its contributions to a Healthy Landscape as defined in the Regional Official Plan; and, supporting the objective of the Regional Official Plan to maintain, restore and, enhance the ecological health, integrity and biodiversity Page 1 of 21 Page 387 of 546 PDS 4-2025 - Appendix 1 of the Core Natural Heritage System and its contributions to a Healthy Landscape as defined in the Regional Official Plan; and, WHEREAS on October 22, 2020 By-law No. 2020-79 April 10, 2008 By-law No. 30-2008 was passed by Regional Council and this by-law has been in place to prohibit or regulate the destruction or injuring of trees in Woodlands in the Region; AND WHEREAS Regional Council wishes to repeal By-law No. 2020-79 By-law No. 30- 2008 and replace same with an updated By-law regulating the destruction or injuring of trees in Woodlands in the Region; NOW THEREFORE the Council of The Regional Municipality of NiagaraRegional Council enacts as follows: 1. DEFINITIONS In this By-law: 1.1 "Agricultural Use" means the growing of crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated onfarm buildings and structures, including, but not limited to livestock facilities, manure storages, value-retaining facilities, and accommodation for full-time farm labour when the size and nature of the operation requires additional employment. the commercial production of crops and/or raising of livestock for human use and includes ploughing, seeding, Harvesting, leaving land fallow as part of a conventional rotational cycle, production of tree fruits and grapes, grazing, animal husbandry, and buildings and structures associated with these activities; 1.2 "Area Municipality" means any one of the municipalities of the Town of Fort Erie, Town of Grimsby, Town of Lincoln, City of Niagara Falls, Town of Niagara-on- the-Lake, Town of Pelham, City of Port Colborne, City of St. Catharines, City of Thorold, Township of Wainfleet, City of Welland, and the Township of West Lincoln; 1.3 “Building Permit” means a building permit issued by an Area Municipality under the Building Code Act, 1992, S.O. 1992, c.23, as amended; Page 2 of 21 Page 388 of 546 PDS 4-2025 - Appendix 1 1.4 “Bumper Tree” means a poor quality, low value tree that grows in close proximity to higher value trees and is located along skid roads to protect residual trees from damage during logging and skidding operations; 1.5 “Coppice growth” means clump growth where more than one tree stem grows from a single tree stump and the point of measurement for such growth means that point on each stem measured immediately above the point of fusion, provided such point of fusion is less than 1.37 metres above the highest point of undisturbed ground at the base of the coppice or clump growth; 1.6 “DBH” or “Diameter at Breast Height” means the diameter of the stem of a tree measured at a point that is 1.37 metres above the ground; 1.7 "Diameter" means the diameter of the stem of a tree measured at a specified Point of Measurement with such measurement including the bark of the stem; 1.8 “Farmer” means a person who has a current and valid farm registration number under the Farm Registration and Farm Organizations Funding Act, 1993, S.O. 1993, c. 21, as amended; 1.9 “Forest Management Plan” means a course of forest management action prescribed for a particular woodland area after specific assessments and evaluations have been made by a Qualified OPFA Member in accordance with the Ministry of Natural Resources document “A Silvicultural Guide to Managing Southern Ontario Forests”, as amended from time to time; 1.10 “Good Forestry Practices" means: 1.10.a the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values, including: significant ecosystems; important fish and Wildlife Habitat; soil and water quality and quantity; forest productivity and health; and the aesthetic and recreational opportunities of the landscape; Page 3 of 21 Page 389 of 546 PDS 4-2025 - Appendix 1 1.10.b the cutting and removal of hazardous, severely damaged, diseased and insect-infested trees which must be removed in order to prevent contamination or infestation of other trees or because they no longer contribute to the achievement of forest values; 1.10.c in the case of hazardous, damaged, diseased or insect-infested trees, the maintenance of a Woodland after the cutting and removal is completed unless it is determined through a report prepared by Qualified OPFA Member that trees must be removed and a Woodland would not be maintained; and, 1.10.d the forestry management practices as set out in the Ministry of Natural Resources document “A Silvicultural Guide to Managing Southern Ontario Forests”; 1.11 “Harvesting” means the Injury or Destruction of a Tree through cutting or other mechanized means. The term “Harvested” shall have a corresponding meaning; 1.12 “Heritage Tree” means a Tree identified and designated by the Council of an Area Municipality as having heritage significance; 1.13 “Injury” or “Destruction” means lasting damage to a Tree, that has the effect of inhibiting or terminating growth and which may include, but is not limited to: 1.13. a broken branches in the crown of a Tree; 1.13. b the breaking off or splitting of the stem of any Tree and the noticeable tipping of any Tree; 1.13. c the splitting of, removal of or damage to the bark of a Tree; or 1.13. d damage to the root structure of a Tree; but does not include damage to Bumper Trees, or pruning or removing branches for maintenance purposes. The terms “Injury”, “Injured”, “Injuring”, “Destroy”, “Destroying” or “Destroyed” shall have a corresponding meaning. Page 4 of 21 Page 390 of 546 PDS 4-2025 - Appendix 1 1.14 “Normal Farm Practice” means a practice that is recognized by the Normal Farm Practices Board which is conducted in a manner consistent with proper and acceptable customs and standards, as established and followed by similar agricultural operations under similar circumstances, or makes use of innovative technology in a manner consistent with proper advanced farm management practices; 1.15 "Officer" means an individual appointed by Regional Council for the administration and enforcement of this By-law; 1.16 “Owner” means any Person having control over any portion of land that contains Woodland or Woodlands and specifically includes any Person having any right, title, interest or equity in the land and any Person lawfully permitted on the land; 1.17 “Own Use” means use that does not include a commercial sale, exchange or other disposition of trees Injured or Destroyed; 1.18 “Permit” means a permit to Injure or Destroy Trees issued under this By-law; 1.19 “Person” means an individual or a corporation and their respective heirs, executors, administrators or other duly appointed representatives; 1.20 "Point of Measurement" means the point on a tree trunk measured above the highest point at which the ground meets the tree. For Coppice Growth the Point of Measurement shall be at the point on the tree trunk where the tree stems separate provided that such point of separation is less than 1.37 metres from where the ground meets the tree; 1.21 “Qualified OPFA Member” means a Registered Professional Forester or Associate Member of the Ontario Professional Foresters Association under the Professional Foresters Act 2000, c.18, as amended, certified to practice professional forestry, unless a suspension, term, condition or limitation of certification applies which would restrict the Member from carrying out responsibilities under this By-law; 1.22 “Qualified Tree Marker” means: 1.22.a An individual who is currently certified through the Ontario Ministry of Natural Resources Certified Tree Marker Program; or Page 5 of 21 Page 391 of 546 PDS 4-2025 - Appendix 1 1.22.b A Qualified OPFA Member qualified to do tree marking. 1.23 “Region” means The Regional Municipality of Niagara; 1.24 “Regional Council” means the Council of The Regional Municipality of Niagara; 1.25 “Regional Official Plan” means the Official Plan of The Regional Municipality of Niagara; 1.26 "Sensitive Natural Area" means lands that are in a Woodland and: 1.26.a within a Provincially Significant Wetland, Provincial Life Sciences Area of Natural Scientific Interest, or Significant Woodland, as those terms are defined in the Regional Official Plan, or, in the case where there is no Regional Official Plan, as defined in the Official Plan of the relevant Area Municipality; or the Environmental Protection Area designation of the Natural Heritage System and adjacent lands, as defined in the Regional Official Plan; or 1.26.b within a Natural Area as designated in the Niagara Escarpment Plan. 1.27 “Significant Community Tree” means a Tree identified and designated by the Council of an Area Municipality as having community signifcance; 1.28 “Silviculture” means the theory and practice of controlling forest establishment, and the composition, growth and quality of forests to achieve the objectives of forest management. The term “Silvicultural” shall have a corresponding meaning; 1.29 “Silvicultural Prescription” means the site specific operational plan, signed and sealed by a Qualified OPFA Member (unless otherwise exempted under the Professional Foresters Act), that describes the existing forest conditions and the forest management objectives for an area, and which prescribes the methods for Harvesting the existing forest stand and a series of silvicultural treatments that will be carried out to establish a free-growing stand in a manner that accommodates other resource values as identified; Page 6 of 21 Page 392 of 546 PDS 4-2025 - Appendix 1 1.30 "Tree" or “Trees” means any living species of woody perennial plant, including its root system, which has reached or can reach a height of at least 4.5 meters at physiological maturity; 1.31 “Tree Preservation Plan” means a plan, prepared by a Qualified OPFA Member or Certified Arborist, for the purpose of protecting and preserving trees on properties where development or disturbance of the natural forest cover is to occur; 1.32 “Wildlife Habitat” means areas where plants, animals and other organisms live, and find adequate amounts of food, water, shelter and space needed to sustain their populations. Specific wildlife habitats of concern may include areas where species concentrate at a vulnerable point in their annual or life cycle; and areas which are important to migratory or non-migratory species; 1.33 "Woodland" or “Woodlands” means land on one or more properties with a density of at least: 1.33.a 1,000 Trees, of any size, per hectare; 1.33.b 750 Trees, measuring over five (5) centimetres in Diameter at DBH, per hectare; 1.33.c 500 Trees, measuring over twelve (12) centimetres, in Diameter at DBH, per hectare; or 1.33.d 250 Trees, measuring over twenty (20) centimetres, in Diameter at DBH, per hectare; but does not include: 1.33.f a cultivated fruit or nut orchard; 1.33.g a plantation established for the purpose of producing Christmas trees and which is being actively managed and Harvested for the purposes for which it was planted, except that this does not refer to plantations that have ceased being managed or Harvested for their intended purpose for a period of 15 years or more; or Page 7 of 21 Page 393 of 546 PDS 4-2025 - Appendix 1 1.33.h a bona fide tree nursery that is being actively managed and harvested for the purposes for which it was planted; 1.33.i a hedgerow or windrow less than 20 meters in width. 2. APPLICATION OF THE BY-LAW This By-law shall apply to: 2.1 all Woodlands having an area of one (1) hectare or more; 2.2 all Woodlands having an area of less than one (1) hectare upon delegation of such authority by an Area Municipality to the Region; and 2.3 Heritage Trees and Significant Community Trees identified and designated by the Council of an Area Municipality, upon delegation of such authority by an Area Municipality to the Region. 3. GENERAL PROHIBITIONS 3.1 No Person through their own actions or through any other Persons shall Injure or Destroy any Tree located in Woodlands: 3.1.a Unless exempted under Section 4 of this By-law; or 3.1.b Unless in possession of a valid Permit issued under this By-law and in accordance with its terms or conditions. 3.2 No Person through their own actions or through any other Person shall: 3.2.a Contravene the terms or conditions of a Permit issued under this By-law; 3.2.b Fail to comply with an Order issued under this By-law; or 3.2.c Remove or deface any Order that has been posted pursuant to this By-law. 3.3 No Person through their own actions or through any other Person shall Injure or Destroy any Tree that has been designated by the Council of an Area Municipality as a Heritage Tree or a Significant Community Tree, provided that Page 8 of 21 Page 394 of 546 PDS 4-2025 - Appendix 1 the authority to regulate such Trees has been delegated to the Region by the Area Municipality. 3.4 An Owner is deemed to have knowledge of, to have permitted, and to be liable for actions that violate this By-law that occur on the portion of land over which the Owner has control. 3.5 A Person is not liable under Section 3.4 of this By-law if such Person establishes, on a balance of probabilities, that the actions that violate this By-law occurred before or after such Person was an Owner. 4. EXEMPTIONS Despite Section 3 of this By-law, this By-law does not apply to: 4.1 Activities or matters undertaken by a municipality or a local board of a municipality; 4.2 Activities or matters undertaken under a licence issued under the Crown Forest Sustainability Act, 1994, S.O. 1994, c.25, as amended; 4.3 The Injuring or Destruction of Trees by a Person licensed under the Surveyors Act, R.S.O. 1990, c. S.29, as amended, to engage in the practice of cadastral surveying or his or her agent, while making a survey; 4.4 The Injuring or Destruction of Trees imposed after December 31, 2002: 4.4.a as part of a Tree Preservation Plan required as a condition of approval in a plan of subdivision that has received draft approval under Section 51 of the Planning Act; 4.4.b as part of a Tree Preservation Plan required as a condition on a consent approved under Section 53 of the Planning Act; 4.4.c as a condition to the approval of a site plan or a plan of subdivision under Sections 41 and 51, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections; Page 9 of 21 Page 395 of 546 PDS 4-2025 - Appendix 1 4.4.d in a development agreement between an Owner and an Area Municipality; 4.4.e as a condition to a development permit authorized by regulation made under Section 23(b) of the Niagara Escarpment Planning and Development Act, R.S.O 1990, c. N.2, as amended; or 4.4.f as a condition to a development permit authorized by regulation made under Section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation. 4.5 The Injuring or Destruction of Trees by a transmitter or distributor, as those terms are defined in Section 2 of the Electricity Act, 1998, S.O. 1998, c.15, Sched. A, as amended, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section; 4.6 The Injuring or Destruction of Trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; R.S.O 1990, c. A.8, as amended; 4.7 The Injuring or Destruction of Trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land: 4.7.a that has not been designated under the Aggregate Resources Act or a predecessor of that Act; and 4.7.b on which a pit or quarry is a permitted land use under a by-law passed under Section 34 of the Planning Act. 4.8 The Injuring or Destruction of Trees that is required in order to erect any building, structure or thing, including yard areas, in respect of which a Building Permit has been issued and has taken into consideration the protection of Trees surrounding the structure or work within the building envelope, provided that no Tree is removed that is located more than 15 metres from the outer edge of the building, structure or thing, and that only those Trees necessary to accommodate the building structure or thing, including yard areas, are removed; 4.9 The Injuring or Destruction of Trees that is reasonably required in order to install and provide utilities, including a private waste disposal system, to the Page 10 of 21 Page 396 of 546 PDS 4-2025 - Appendix 1 construction or use of the building, structure or thing in respect of which a Building Permit has been issued; 4.10 The Injuring or Destruction of Trees that is required in order to install, provide or maintain a driveway of sufficient width for vehicular access to the building, structure or thing in respect of which a Building Permit has been issued; 4.11 The Injuring or Destruction of Trees on lands, including buffer lands, used for the purpose of a licenced waste disposal site that has been approved, where applicable, under the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended, the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended, the Environmental Assessment Act, R.S.O. 1990, c. E.18, as amended, the Planning Act, and/or the Niagara Escarpment Planning and Development Act; 4.12 The Injuring or Destruction of Trees for the construction of drainage works under the Drainage Act, R.S.O. 1990, c. D.17, as amended; 4.13 The Injuring or Destruction of Trees that: 4.13.a are dead; 4.13.b are diseased, as identified in a Silvicultural Prescription or Forest Management Plan; or 4.13.c pose a hazard to human safety or property. 4.14 The Injuring or Destruction of Trees by an Owner of a Woodland who may Harvest, Destroy or Injure Trees for his or her Own Use on his or her property provided that: 4.14.a Good Forestry Practices are employed in accordance with the Ministry of Natural Resources document “A Silvicultural Guide to Managing Southern Ontario Forests”; and 4.14.b the Injuring or Destruction, in that part of the Woodland where Trees have been Injured or Destroyed, does not reduce the number of Trees per hectare below that necessary to constitute a Woodland. Page 11 of 21 Page 397 of 546 PDS 4-2025 - Appendix 1 4.15 The Harvesting, Injuring or Destruction of Trees by a Farmer that involves the clearing of all or part of a Woodland for Agricultural Use on land that is owned by the Farmer doing the clearing, and is part of a farm operation or farm corporation that has existed for at least three (3) years prior to such clearing. The clearing shall be carried out in accordance with Normal Farm Practices as defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1, as amended, provided that: 4.15.a the land upon which the clearing is to occur is part of a farm operation or farm corporation that has existed for at least three (3) years prior to such clearing; that is cleared is put into Agricultural Use within three (3) years of the date on which such clearing commences; 4.15.b the land that is cleared is put into Agricultural Use within three (3) years of the date on which such clearing commences; 4.15.bc prior to the clearing, the Farmer advises the Officer of the proposed clearing. For the purposes of this section the marking of Trees, a Forest Management Plan or a Silvicultural Prescription, a fee and a Permit are not required; and 4.15.cd the land being cleared for Agricultural Use is (i) outside the Urban Area; and (ii) is designated and zoned for Agricultural Use, with no Environmental Overlays, outside the Urban Areas as defined in the Regional Official Plan, and is designated and zoned for Agricultural Use in the Official Plan and Zoning By-law of the Area Municipality and, where applicable, in the Niagara Escarpment Plan; 4.15.e the Injuring or Destruction of Trees does not involve a Sensitive Natural Area. Page 12 of 21 Page 398 of 546 PDS 4-2025 - Appendix 1 except where the Injuring or Destruction of Trees involves a Sensitive Natural Area, in which case a Permit is required pursuant to the provisions of this By- law, but no fee shall be required. 4.16 The Injuring or Destruction of Trees as a result of a ‘Normal Farm Practice’ carried on as part of an ‘Agricultural Operation’ as such terms are defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1, as amended, or any successor legislation; 4.176 The Harvesting, Injuring or Destruction of non-native/invasive Trees in a Woodland for the purpose of restoring the tree cover to native species as per an approved Forest Management Plan or Silvicultural Prescription. 4.187 The Injuring or Destruction of Trees in a Woodland for the purpose of conducting site rehabilitation activities to remove and/or treat contaminated soils. A reforestation plan must be prepared and approved by the Officer prior to Tree removal. 5. GOOD FORESTRY PRACTICES PERMITS 5.1 The Niagara Region hereby delegates to an Officer the authority to issue a Good Forestry Practices Permit under this By-law, and to impose such terms and conditions in accordance with Good Forestry Practices. 5.2 An application for a Good Forestry Practices Permit shall be submitted at least four (4) weeks prior to the commencement date of Harvesting and shall include the following: 5.2.a a complete signed application form as provided by the Region; 5.2.b a copy of the Silvicultural Prescription sealed by a Qualified OPFA Member; and, 5.2.c A signature from a Qualified OPFA Member confirming proof that the marking of the Trees to be cut has been carried out by a Qualified Tree Marker in accordance with a Silvicultural Prescription or Forest Management Plan. Tree marking must include clean, legible paint marks at breast height, visible from any direction,and 40 centimetre stump marks that are in crevices (if available) and run right to the ground. Page 13 of 21 Page 399 of 546 PDS 4-2025 - Appendix 1 5.3 A Good Forestry Practices Permit issued under this By-law shall be subject to the following terms and conditions: 5.3.a Trees which are to be harvested are cut in accordance with Good Forestry Practices, and as described in a Silvicultural Prescription sealed by a Qualified OPFA Member; 5.3.b the Harvesting, Injuring or Destruction of Trees will not reduce the number of Trees per hectare below the minimum number of Trees per hectare required to be considered a Woodland; 5.3.c The Permit-holder must notify the Officer at least 48 hours before start of cutting and again upon resumption of activities after any four (4) week period of inactivity; and 5.3.d Any other terms and conditions deemed appropriate and imposed by the Officer. 5.4 Notwithstanding Sections 5.2 and 5.3, a Good Forestry Practices Permit may be issued where an exclusion provision under the Professional Foresters Act c.18, as amended, applies and a qualified member of the Ontario Professional Foresters Association provides an opinion that the Harvesting of Trees is consistent with Good Forestry Practices. 6. PERMIT APPLICATION PROCESS 6.1 Every Person who intends to Injure or Destroy Trees personally or through another Person, where a Permit to do so is required under this By-law, shall first complete and submit an application for a Permit in the form approved by the Region from time to time. 6.2 Applications for Permits will be processed only if: 6.2.a the appropriate application form, approved by the Region from time to time, has been completed in full, duly signed and submitted to the Officer; 6.2.b the requirements that must be submitted with an application have been included; and Page 14 of 21 Page 400 of 546 PDS 4-2025 - Appendix 1 6.2.c applications are in keeping with the general purpose and intent of this By-law. 6.3 A Permit application that does not meet the requirements of clauses 6.2.a, 6.2.b and 6.2.c will be returned to the applicant within 30 days. 6.4 A Permit may be: 6.4.a issued by the Officer to the Owner for a term of up to one (1) year from the date of issue and shall not be transferable; and, 6.4.b may be renewed by the Officer for up to two (2) additional one (1) year terms contiguous with the expiry date of the original Permit and after a written request from the Owner for renewal is made to the Officer, who must be satisfied that there are reasonable grounds for the renewal. 6.5 In addition to those terms and conditions listed in section 5.3, the Officer may impose conditions to a Permit that relate to, but which are not restricted to: 6.5.a the manner and timing in which Harvesting, Injuring or Destruction is to occur; 6.5.b the species, size, number and location of Trees to be Injured or Destroyed, or to be planted; 6.5.c the marking of Trees to be cut with paint; 6.5.d the qualifications of Persons authorized to Injure or Destroy Trees; 6.5.e the submission of additional information required before the Permit becomes effective; 6.5.f measures to be implemented to mitigate the direct and indirect effects of the Injuring or Destruction on Sensitive Natural Areas; and 6.5.g a follow-up fuelwood (firewood) harvest. 6.7 When denying a Permit, the Officer will notify the applicant in writing by Page 15 of 21 Page 401 of 546 PDS 4-2025 - Appendix 1 registered mail. The Officer shall provide written reasons for their decision to the applicant. 6.8 A Permit issued under the By-law does not relieve the Owner of any other applicable property boundary, municipal, provincial, or federal by-laws, regulations or requirements. 7. APPEALS TO REGIONAL COUNCIL 7.1 An applicant for a Permit under this By-law may be appealed to Regional Council if: 7.1.a the Officer refuses to issue a Permit; such an appeal must be made within 30 days after the refusal; or 7.1.b if the applicant objects to a condition in the Permit; such an appeal must be made within 30 days after the issuance of the Permit. 7.2 A request by an applicant for a hearing shall be made in writing and filed with the Regional Clerk. 7.3 Regional Council shall hold a hearing on the issue and shall give the applicant an opportunity to make representations at the hearing. The Regional Clerk shall mail a notice of hearing to the applicant at least seven (7) days before the hearing. 7.4 Regional Council may: 7.3.a Uphold the decision of the Officer; 7.3.b Vary any condition on a Permit; or 7.3.c Issue a Permit with conditions as Regional Council considers appropriate. 7.5 Regional Council will provide reasons for its decision. The decision of the Regional Council is final. 8. ORDERS TO DISCONTINUE ACTIVITY Page 16 of 21 Page 402 of 546 PDS 4-2025 - Appendix 1 8.1 Where an Officer is satisfied that a contravention of this By-law has occurred, the Officer may make an Order requiring the Person who contravened the By- law or who caused or permitted the Injuring or Destruction of Trees in contravention of the By-law to stop the Injuring or Destruction of Trees. The Order shall set out: 8.1.a the municipal address or the legal description of the land; 8.1.b reasonable particulars of the contravention; and 8.1.c the period within which there must be compliance with the Order. 8.2 An Order issued under this By-law may be served personally or by registered mail to the last known address of: 8.2.a the Owner of the Woodland; and 8.2.b the person identified as Injuring or Destroying Trees. 8.3 Where service of an Order is made by registered mail, service shall be deemed to have been served on the fifth day after the date the Order is mailed. 8.4 Where service cannot be carried out under subsection 8.2, the Officer shall place a placard containing the terms of the Order in a conspicuous place on the affected lands. The placing of the placard shall be deemed to be sufficient service of the Order on the Person to whom the Order is directed. The placard shall not be removed without the approval of the Officer. 9. WORK ORDERS 9.1 Where an Officer believes that a contravention of this By-law has occurred, the Officer may issue an Order requiring the Person to rehabilitate the land or Woodlands, or to plant or replant Trees. 9.2 The Order shall set out: Page 17 of 21 Page 403 of 546 PDS 4-2025 - Appendix 1 9.2.a the name and the Owner and the municipal address or the legal description of the land; 9.2.b reasonable particulars of the contravention; 9.2.c the work to be done and the date by which the work must be done; 9.2.d a statement that if the work is not done in compliance with the Order within a specified time period, the Region may have the work done at the expense of the Owner; and, 9.2.e contact information of the Officer. 9.3 The Order may be served in accordance with the service provisions contained in section 8. 9.4 If a Person fails to comply with an Order issued pursuant to this section, the Region may enter the lands at any reasonable time for the purposes of doing the things described in the Order at the Person’s expense. 9.5 If the Region enters onto the lands and completes the work, the Region may recover its costs to complete the work for the Person named in the Order by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. 10. PENALTY 10.1 Any Person who contravenes any provision of this By-law, or an Order issued under this By-law is guilty of an offence and is liable: 10.1.a on first conviction, to a fine of not more than $10,000 or $1,000 per Tree, whichever is greater; 10.1.b on any subsequent conviction for the same offence, to a fine of not more than $25,000 or $2,500 per Tree, whichever is greater; and, 10.1.bc on conviction for a continuing offence, to a fine of not less than $100 and not more than $10,000 for each day or part of a day that the offence continues. The total of the daily fines may exceed $100,000. Page 18 of 21 Page 404 of 546 PDS 4-2025 - Appendix 1 10.2 Despite subsection 10.1, where the Person convicted is a corporation: 10.2.a the maximum fines in clause 10.1.a are $50,000 or $5,000 per Tree; and 10.2.b the maximum fines in clause 10.1.b are $100,000 or $10,000 per Tree. 10.3 If a Person is convicted of an offence for contravening this By-law or an Order is issued under this By-law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may order the Person to rehabilitate the land or to plant or replant Trees in such a manner and within such period as the court considers appropriate, including any silvicultural treatment necessary to re-establish the Trees. 10.4 If an Order has been issued under this bylaw or by the court, and the order has not been complied with, the contravention of the Order shall be deemed to be a continuing offence for each day or part of the day that the Order is not complied with. 10.5 The destruction of two or more Trees without or in contravention of a Permit shall be deemed to be a “multiple offence” as provided in the Municipal Act and shall be subject to the per tree penalties prescribed in section 10.1 and 10.2. 11. ENFORCEMENT 11.1 The provisions of this By-law may be enforced by an Officer. 11.2 An Officer or any person authorized by an Officer may, at any reasonable time, enter upon and inspect any land for the purposes of enforcing this By- law, determining compliance with this By-law, determining compliance with terms and conditions of a Permit issued under this By-law, determining compliance with an Order issued under this By-law or laying charges under this By-law. 11.3 An Officer exercising a power may be accompanied by a Person under his or her direction. Page 19 of 21 Page 405 of 546 PDS 4-2025 - Appendix 1 11.4 Any Person who obstructs or interferes with an Officer, or any Person or agent authorized by an Officer, in the discharge of his or her duties under this By-law, shall be considered in violation of this By-law. 11.5 Any Person who provides false information to an Officer shall be deemed to have obstructed or interfered with the Officer in the execution of their duties. 12. ADMINISTRATION 12.1 If any section or part of this By-law is found by any court of competent jurisdiction to be illegal or beyond the power of Regional Council to enact, such section or part shall be deemed to be severable and all other sections or parts of this By-law shall be deemed to be separate and independent therefrom and to be enacted as such. 12.2 The short title of this By-law is the “Woodland Conservation By-law”. 12.3 By-law 30-2008 of the Regional Municipality of Niagara and all amendments thereto, are hereby repealed. 12.4 Despite subsection 12.3, By-law 30-2008, as amended, shall continue to apply to: 12.4.a proceedings in respect of offences that occurred before its repeal; and, 12.4.b permits in compliance with Bylaw 30-2008, which were approved prior to its repeal. 12.5 That this by-law shall come into force and effect on January 31, 2021. THE REGIONAL MUNICIPALITY OF NIAGARA James Bradley, Regional Chair Page 20 of 21 Page 406 of 546 PDS 4-2025 - Appendix 1 Ann-Marie Norio, Regional Clerk Passed: <date> Page 21 of 21 Page 407 of 546 PDS 4-2025 - Appendix 2 Page 1 of 20 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. *draft* A BY-LAW TO PROHIBIT OR REGULATE THE DESTRUCTION OR INJURING OF TREES IN WOODLANDS IN THE REGIONAL MUNICIPALITY OF NIAGARA WHEREAS Section 135(2) of the Municipal Act, 2001, S.O. 2001, c. 25, (the “Act”), as amended, provides that Regional Council may by by-law prohibit or regulate the destruction or injuring of trees in woodlands designated in the by-law; AND WHEREAS Section 135(7) of the Municipal Act provides that the by-law may require that a permit be obtained to injure or destroy trees in woodlands as designated in the by-law and impose conditions on a permit, including conditions relating to the manner in which destruction occurs and the qualification of persons authorized to injure or destroy trees; AND WHEREAS Regional Council deems it desirable to enact such a by-law for the purposes of:  conserving and improving the Woodlands in the Regional Municipality of Niagara through Good Forestry Practices;  promoting Good Forestry Practices that sustain healthy Woodlands and related natural habitats and environments;  Ensuring the long- term health and productivity of Woodlands;  regulating and controlling the removal, maintenance and protection of trees in Woodlands;  protecting, promoting and enhancing the values of Woodlands;  contributing to human health, recreation, enjoyment and quality of life through the maintenance of Woodland cover;  enhancing biodiversity and forest resilience to help our communities adapt to climate change; AND WHEREAS on October 22, 2020 By-law No. 2020-79 was passed by Regional Council and this By-law has been in place to prohibit or regulate the destruction or injuring of trees in Woodlands in the Region; AND WHEREAS Regional Council wishes to repeal By-law No. 2020-79 and replace same with an updated By-law regulating the destruction or injuring of trees in Woodlands in the Region; Page 408 of 546 PDS 4-2025 - Appendix 2 Page 2 of 20 NOW THEREFORE Regional Council enacts as follows: 1. DEFINITIONS In this By-law: 1.1 "Agricultural Use" means the growing of crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated onfarm buildings and structures, including, but not limited to livestock facilities, manure storages, value-retaining facilities, and accommodation for full-time farm labour when the size and nature of the operation requires additional employment. 1.2 "Area Municipality" means any one of the municipalities of the Town of Fort Erie, Town of Grimsby, Town of Lincoln, City of Niagara Falls, Town of Niagara-on- the-Lake, Town of Pelham, City of Port Colborne, City of St. Catharines, City of Thorold, Township of Wainfleet, City of Welland, and the Township of West Lincoln; 1.3 “Building Permit” means a building permit issued by an Area Municipality under the Building Code Act, 1992, S.O. 1992, c.23, as amended; 1.4 “Bumper Tree” means a poor quality, low value tree that grows in close proximity to higher value trees and is located along skid roads to protect residual trees from damage during logging and skidding operations; 1.5 “Coppice growth” means clump growth where more than one tree stem grows from a single tree stump and the point of measurement for such growth means that point on each stem measured immediately above the point of fusion, provided such point of fusion is less than 1.37 metres above the highest point of undisturbed ground at the base of the coppice or clump growth; 1.6 “DBH” or “Diameter at Breast Height” means the diameter of the stem of a tree measured at a point that is 1.37 metres above the ground; 1.7 "Diameter" means the diameter of the stem of a tree measured at a specified Point of Measurement with such measurement including the bark of the stem; Page 409 of 546 PDS 4-2025 - Appendix 2 Page 3 of 20 1.8 “Farmer” means a person who has a current and valid farm registration number under the Farm Registration and Farm Organizations Funding Act, 1993, S.O. 1993, c. 21, as amended; 1.9 “Forest Management Plan” means a course of forest management action prescribed for a particular woodland area after specific assessments and evaluations have been made by a Qualified OPFA Member in accordance with the Ministry of Natural Resources document “A Silvicultural Guide to Managing Southern Ontario Forests”, as amended from time to time; 1.10 “Good Forestry Practices" means: 1.10.a the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values, including: significant ecosystems; important fish and Wildlife Habitat; soil and water quality and quantity; forest productivity and health; and the aesthetic and recreational opportunities of the landscape; 1.10.b the cutting and removal of hazardous, severely damaged, diseased and insect-infested trees which must be removed in order to prevent contamination or infestation of other trees or because they no longer contribute to the achievement of forest values; 1.10.c in the case of hazardous, damaged, diseased or insect-infested trees, the maintenance of a Woodland after the cutting and removal is completed unless it is determined through a report prepared by Qualified OPFA Member that trees must be removed and a Woodland would not be maintained; and, 1.10.d the forestry management practices as set out in the Ministry of Natural Resources document “A Silvicultural Guide to Managing Southern Ontario Forests”; 1.11 “Harvesting” means the Injury or Destruction of a Tree through cutting or other mechanized means. The term “Harvested” shall have a corresponding meaning; 1.12 “Heritage Tree” means a Tree identified and designated by the Council of an Area Municipality as having heritage significance; Page 410 of 546 PDS 4-2025 - Appendix 2 Page 4 of 20 1.13 “Injury” or “Destruction” means lasting damage to a Tree, that has the effect of inhibiting or terminating growth and which may include, but is not limited to: 1.13. a broken branches in the crown of a Tree; 1.13. b the breaking off or splitting of the stem of any Tree and the noticeable tipping of any Tree; 1.13. c the splitting of, removal of or damage to the bark of a Tree; or 1.13. d damage to the root structure of a Tree; but does not include damage to Bumper Trees, or pruning or removing branches for maintenance purposes. The terms “Injury”, “Injured”, “Injuring”, “Destroy”, “Destroying” or “Destroyed” shall have a corresponding meaning. 1.14 "Officer" means an individual appointed by Regional Council for the administration and enforcement of this By-law; 1.15 “Owner” means any Person having control over any portion of land that contains Woodland or Woodlands and specifically includes any Person having any right, title, interest or equity in the land and any Person lawfully permitted on the land; 1.16 “Own Use” means use that does not include a commercial sale, exchange or other disposition of trees Injured or Destroyed; 1.17 “Permit” means a permit to Injure or Destroy Trees issued under this By-law; 1.18 “Person” means an individual or a corporation and their respective heirs, executors, administrators or other duly appointed representatives; 1.19 "Point of Measurement" means the point on a tree trunk measured above the highest point at which the ground meets the tree. For Coppice Growth the Point of Measurement shall be at the point on the tree trunk where the tree stems separate provided that such point of separation is less than 1.37 metres from where the ground meets the tree; 1.20 “Qualified OPFA Member” means a Registered Professional Forester or Associate Member of the Ontario Professional Foresters Association under the Professional Foresters Act 2000, c.18, as amended, certified to practice professional forestry, unless a suspension, term, condition or limitation of Page 411 of 546 PDS 4-2025 - Appendix 2 Page 5 of 20 certification applies which would restrict the Member from carrying out responsibilities under this By-law; 1.21 “Qualified Tree Marker” means: 1.21.a An individual who is currently certified through the Ontario Ministry of Natural Resources Certified Tree Marker Program; or 1.21.b A Qualified OPFA Member qualified to do tree marking. 1.22 “Region” means The Regional Municipality of Niagara; 1.23 “Regional Council” means the Council of The Regional Municipality of Niagara; 1.24 “Regional Official Plan” means the Official Plan of The Regional Municipality of Niagara; 1.25 "Sensitive Natural Area" means lands that are in a Woodland and: 1.25.a Within a Provincially Significant Wetland, Provincial Life Sciences Area of Natural Scientific Interest, or Significant Woodland, as those terms are defined in the Regional Official Plan, or, in the case where there is no Regional Official Plan, as defined in the Official Plan of the relevant Area Municipality; or 1.25.b within a Natural Area as designated in the Niagara Escarpment Plan. 1.26 “Significant Community Tree” means a Tree identified and designated by the Council of an Area Municipality as having community significance; 1.27 “Silviculture” means the theory and practice of controlling forest establishment, and the composition, growth and quality of forests to achieve the objectives of forest management. The term “Silvicultural” shall have a corresponding meaning; 1.28 “Silvicultural Prescription” means the site specific operational plan, signed and sealed by a Qualified OPFA Member (unless otherwise exempted under the Professional Foresters Act), that describes the existing forest conditions and the forest management objectives for an area, and which prescribes the Page 412 of 546 PDS 4-2025 - Appendix 2 Page 6 of 20 methods for Harvesting the existing forest stand and a series of silvicultural treatments that will be carried out to establish a free-growing stand in a manner that accommodates other resource values as identified; 1.29 “Tree” or “Trees” means any living species of woody perennial plant, including its root system, which has reached or can reach a height of at least 4.5 meters at physiological maturity; 1.30 “Tree Preservation Plan” means a plan, prepared by a Qualified OPFA Member or Certified Arborist, for the purpose of protecting and preserving trees on properties where development or disturbance of the natural forest cover is to occur; 1.31 “Wildlife Habitat” means areas where plants, animals and other organisms live, and find adequate amounts of food, water, shelter and space needed to sustain their populations. Specific wildlife habitats of concern may include areas where species concentrate at a vulnerable point in their annual or life cycle; and areas which are important to migratory or non-migratory species; 1.32 “Woodland” or “Woodlands” means land on one or more properties with a density of at least: 1.32.a 1,000 Trees, of any size, per hectare; 1.32.b 750 Trees, measuring over five (5) centimetres in Diameter at DBH, per hectare; 1.32.c 500 Trees, measuring over twelve (12) centimetres, in Diameter at DBH, per hectare; or 1.32.d 250 Trees, measuring over twenty (20) centimetres, in Diameter at DBH, per hectare; but does not include: 1.32.e a cultivated fruit or nut orchard; 1.32.f a plantation established for the purpose of producing Christmas trees and which is being actively managed and Harvested for the purposes for which it was planted, except that this does not refer to plantations that have ceased being managed or Harvested for their Page 413 of 546 PDS 4-2025 - Appendix 2 Page 7 of 20 intended purpose for a period of 15 years or more; 1.32.g a bona fide tree nursery that is being actively managed and harvested for the purposes for which it was planted; or 1.32.h a hedgerow or windrow less than 20 meters in width. 2. APPLICATION OF THE BY-LAW This By-law shall apply to: 2.1 all Woodlands having an area of one (1) hectare or more; 2.2 all Woodlands having an area of less than one (1) hectare upon delegation of such authority by an Area Municipality to the Region; and 2.3 Heritage Trees and Significant Community Trees identified and designated by the Council of an Area Municipality, upon delegation of such authority by an Area Municipality to the Region. 3. GENERAL PROHIBITIONS 3.1 No Person through their own actions or through any other Persons shall Injure or Destroy any Tree located in Woodlands: 3.1.a Unless exempted under Section 4 of this By-law; or 3.1.b Unless in possession of a valid Permit issued under this By-law and in accordance with its terms or conditions. 3.2 No Person through their own actions or through any other Person shall: 3.2.a Contravene the terms or conditions of a Permit issued under this By-law; 3.2.b Fail to comply with an Order issued under this By-law; or 3.2.c Remove or deface any Order that has been posted pursuant to this By-law. 3.3 No Person through their own actions or through any other Person shall Injure or Page 414 of 546 PDS 4-2025 - Appendix 2 Page 8 of 20 Destroy any Tree that has been designated by the Council of an Area Municipality as a Heritage Tree or a Significant Community Tree, provided that the authority to regulate such Trees has been delegated to the Region by the Area Municipality. 3.4 An Owner is deemed to have knowledge of, to have permitted, and to be liable for actions that violate this By-law that occur on the portion of land over which the Owner has control. 3.5 A Person is not liable under Section 3.4 of this By-law if such Person establishes, on a balance of probabilities, that the actions that violate this By-law occurred before or after such Person was an Owner. 4. EXEMPTIONS Despite Section 3 of this By-law, this By-law does not apply to: 4.1 Activities or matters undertaken by a municipality or a local board of a municipality; 4.2 Activities or matters undertaken under a licence issued under the Crown Forest Sustainability Act, 1994, S.O. 1994, c.25, as amended; 4.3 The Injuring or Destruction of Trees by a Person licensed under the Surveyors Act, R.S.O. 1990, c. S.29, as amended, to engage in the practice of cadastral surveying or his or her agent, while making a survey; 4.4 The Injuring or Destruction of Trees imposed after December 31, 2002: 4.4.a as part of a Tree Preservation Plan required as a condition of approval in a plan of subdivision that has received draft approval under Section 51 of the Planning Act; 4.4.b as part of a Tree Preservation Plan required as a condition on a consent approved under Section 53 of the Planning Act; 4.4.c as a condition to the approval of a site plan or a plan of subdivision under Sections 41 and 51, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections; 4.4.d in a development agreement between an Owner and an Area Municipality; 4.4.e as a condition to a development permit authorized by regulation made Page 415 of 546 PDS 4-2025 - Appendix 2 Page 9 of 20 under Section 23(b) of the Niagara Escarpment Planning and Development Act, R.S.O 1990, c. N.2, as amended; or 4.4.f as a condition to a development permit authorized by regulation made under Section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation. 4.5 The Injuring or Destruction of Trees by a transmitter or distributor, as those terms are defined in Section 2 of the Electricity Act, 1998, S.O. 1998, c.15, Sched. A, as amended, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section; 4.6 The Injuring or Destruction of Trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act, R.S.O 1990, c. A.8, as amended; 4.7 The Injuring or Destruction of Trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land: 4.7.a that has not been designated under the Aggregate Resources Act or a predecessor of that Act; and 4.7.b on which a pit or quarry is a permitted land use under a by-law passed under Section 34 of the Planning Act. 4.8 The Injuring or Destruction of Trees that is required in order to erect any building, structure or thing, including yard areas, in respect of which a Building Permit has been issued and has taken into consideration the protection of Trees surrounding the structure or work within the building envelope, provided that no Tree is removed that is located more than 15 metres from the outer edge of the building, structure or thing, and that only those Trees necessary to accommodate the building structure or thing, including yard areas, are removed; 4.9 The Injuring or Destruction of Trees that is reasonably required in order to install and provide utilities, including a private waste disposal system, to the construction or use of the building, structure or thing in respect of which a Building Permit has been issued; 4.10 The Injuring or Destruction of Trees that is required in order to install, provide or maintain a driveway of sufficient width for vehicular access to the building, structure or thing in respect of which a Building Permit has been issued; 4.11 The Injuring or Destruction of Trees on lands, including buffer lands, used for the purpose of a licenced waste disposal site that has been approved, where Page 416 of 546 PDS 4-2025 - Appendix 2 Page 10 of 20 applicable, under the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended, the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended, the Environmental Assessment Act, R.S.O. 1990, c. E.18, as amended, the Planning Act, and/or the Niagara Escarpment Planning and Development Act; 4.12 The Injuring or Destruction of Trees for the construction of drainage works under the Drainage Act, R.S.O. 1990, c. D.17, as amended; 4.13 The Injuring or Destruction of Trees that: 4.13.a are dead; 4.13.b are diseased, as identified in a Silvicultural Prescription or Forest Management Plan; or 4.13.c pose a hazard to human safety or property. 4.14 The Injuring or Destruction of Trees by an Owner of a Woodland who may Harvest, Destroy or Injure Trees for his or her Own Use on his or her property provided that: 4.14.a Good Forestry Practices are employed in accordance with the Ministry of Natural Resources document “A Silvicultural Guide to Managing Southern Ontario Forests”; and 4.14.b the Injuring or Destruction, in that part of the Woodland where Trees have been Injured or Destroyed, does not reduce the number of Trees per hectare below that necessary to constitute a Woodland. 4.15 The Harvesting, Injuring or Destruction of Trees by a Farmer that involves the clearing of all or part of a Woodland for Agricultural Use on land that is owned by the Farmer doing the clearing, provided that: 4.15.a The land upon which the clearing is to occur is part of a farm operation or farm corporation that has existed for at least three (3) years prior to such clearing; 4.15.b the land that is cleared is put into Agricultural Use within three (3) years of the date on which such clearing commences; 4.15.c prior to the clearing, the Farmer advises the Officer of the proposed clearing. For the purposes of this section the marking of Trees, a Forest Management Plan or a Silvicultural Prescription, a fee and a Page 417 of 546 PDS 4-2025 - Appendix 2 Page 11 of 20 Permit are not required; 4.15.d the land being cleared for Agricultural Use is: (i) outside the Urban Area; and (ii) is designated and zoned for Agricultural Use, with no Environmental Overlays, in the Official Plan and Zoning By-law of the Area Municipality, and, where applicable, in the Niagara Escarpment Plan; and 4.15.e the Injuring or Destruction of Trees does not involve a Sensitive Natural Area. 4.16 The Injuring or Destruction of Trees as a result of a ‘Normal Farm Practice’ carried on as part of an ‘Agricultural Operation’ as such terms are defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1, as amended, or any successor legislation; 4.17 The Harvesting, Injuring or Destruction of non-native/invasive Trees in a Woodland for the purpose of restoring the tree cover to native species as per an approved Forest Management Plan or Silvicultural Prescription; or 4.18 The Injuring or Destruction of Trees in a Woodland for the purpose of conducting site rehabilitation activities to remove and/or treat contaminated soils. A reforestation plan must be prepared and approved by the Officer prior to Tree removal. 5. GOOD FORESTRY PRACTICES PERMITS 5.1 The Niagara Region hereby delegates to an Officer the authority to issue a Good Forestry Practices Permit under this By-law, and to impose such terms and conditions in accordance with Good Forestry Practices. 5.2 An application for a Good Forestry Practices Permit shall be submitted at least four (4) weeks prior to the commencement date of Harvesting and shall include the following: 5.2.a a complete signed application form as provided by the Region; 5.2.b a copy of the Silvicultural Prescription sealed by a Qualified OPFA Page 418 of 546 PDS 4-2025 - Appendix 2 Page 12 of 20 Member; and, 5.2.c A signature from a Qualified OPFA Member confirming proof that the marking of the Trees to be cut has been carried out by a Qualified Tree Marker in accordance with a Silvicultural Prescription or Forest Management Plan. Tree marking must include clean, legible paint marks at breast height, visible from any direction, and 40 centimetre stump marks that are in crevices (if available) and run right to the ground. 5.3 A Good Forestry Practices Permit issued under this By-law shall be subject to the following terms and conditions: 5.3.a Trees which are to be harvested are cut in accordance with Good Forestry Practices, and as described in a Silvicultural Prescription sealed by a Qualified OPFA Member; 5.3.b the Harvesting, Injuring or Destruction of Trees will not reduce the number of Trees per hectare below the minimum number of Trees per hectare required to be considered a Woodland; 5.3.c The Permit-holder must notify the Officer at least 48 hours before start of cutting and again upon resumption of activities after any four (4) week period of inactivity; and 5.3.d Any other terms and conditions deemed appropriate and imposed by the Officer. 5.4 Notwithstanding Sections 5.2 and 5.3, a Good Forestry Practices Permit may be issued where an exclusion provision under the Professional Foresters Act 2000, c.18, as amended, applies and a qualified member of the Ontario Professional Foresters Association provides an opinion that the Harvesting of Trees is consistent with Good Forestry Practices. 6. PERMIT APPLICATION PROCESS 6.1 Every Person who intends to Injure or Destroy Trees personally or through another Person, where a Permit to do so is required under this By-law, shall first complete and submit an application for a Permit in the form approved by the Region from time to time. Page 419 of 546 PDS 4-2025 - Appendix 2 Page 13 of 20 6.2 Applications for Permits will be processed only if: 6.2.a the appropriate application form, approved by the Region from time to time, has been completed in full, duly signed and submitted to the Officer; 6.2.b the requirements that must be submitted with an application have been included; and 6.2.c applications are in keeping with the general purpose and intent of this By-law. 6.3 A Permit application that does not meet the requirements of clauses 6.2.a, 6.2.b and 6.2.c will be returned to the applicant within 30 days. 6.4 A Permit may be: 6.4.a issued by the Officer to the Owner for a term of up to one (1) year from the date of issue and shall not be transferable; and, 6.4.b may be renewed by the Officer for up to two (2) additional one (1) year terms contiguous with the expiry date of the original Permit and after a written request from the Owner for renewal is made to the Officer, who must be satisfied that there are reasonable grounds for the renewal. 6.5 In addition to those terms and conditions listed in section 5.3, the Officer may impose conditions to a Permit that relate to, but which are not restricted to: 6.5.a the manner and timing in which Harvesting, Injuring or Destruction is to occur; 6.5.b the species, size, number and location of Trees to be Injured or Destroyed, or to be planted; 6.5.c the marking of Trees to be cut with paint; 6.5.d the qualifications of Persons authorized to Injure or Destroy Trees; 6.5.e the submission of additional information required before the Permit becomes effective; Page 420 of 546 PDS 4-2025 - Appendix 2 Page 14 of 20 6.5.f measures to be implemented to mitigate the direct and indirect effects of the Injuring or Destruction on Sensitive Natural Areas; and 6.5.g a follow-up fuelwood (firewood) harvest. 6.7 When denying a Permit, the Officer will notify the applicant in writing by registered mail. The Officer shall provide written reasons for their decision to the applicant. 6.8 A Permit issued under the By-law does not relieve the Owner of any other applicable property boundary, municipal, provincial, or federal by-laws, regulations or requirements. 7. APPEALS TO REGIONAL COUNCIL 7.1 An application for a Permit under this By-law may be appealed to Regional Council if: 7.1.a the Officer refuses to issue a Permit; such an appeal must be made within 30 days after the refusal; or 7.1.b if the applicant objects to a condition in the Permit; such an appeal must be made within 30 days after the issuance of the Permit. 7.2 A request by an applicant for a hearing shall be made in writing and filed with the Regional Clerk. 7.3 Regional Council shall hold a hearing on the issue and shall give the applicant an opportunity to make representations at the hearing. The Regional Clerk shall mail a notice of hearing to the applicant at least seven (7) days before the hearing. 7.4 Regional Council may: 7.4.a Uphold the decision of the Officer; 7.4.b Vary any condition on a Permit; or 7.4.c Issue a Permit with conditions as Regional Council considers appropriate. 7.5 Regional Council will provide reasons for its decision. The decision of the Regional Council is final. Page 421 of 546 PDS 4-2025 - Appendix 2 Page 15 of 20 8. ORDERS TO DISCONTINUE ACTIVITY 8.1 Where an Officer is satisfied that a contravention of this By-law has occurred, the Officer may make an Order requiring the Person who contravened the By- law or who caused or permitted the Injuring or Destruction of Trees in contravention of the By-law to stop the Injuring or Destruction of Trees. The Order shall set out: 8.1.a the municipal address or the legal description of the land; 8.1.b reasonable particulars of the contravention; and 8.1.c the period within which there must be compliance with the Order. 8.2 An Order issued under this By-law may be served personally or by registered mail to the last known address of: 8.2.a the Owner of the Woodland; and 8.2.b the person identified as Injuring or Destroying Trees. 8.3 Where service of an Order is made by registered mail, service shall be deemed to have been served on the fifth day after the date the Order is mailed. 8.4 Where service cannot be carried out under subsection 8.2, the Officer shall place a placard containing the terms of the Order in a conspicuous place on the affected lands. The placing of the placard shall be deemed to be sufficient service of the Order on the Person to whom the Order is directed. The placard shall not be removed without the approval of the Officer. 9. WORK ORDERS 9.1 Where an Officer believes that a contravention of this By-law has occurred, the Officer may issue an Order requiring the Person to rehabilitate the land or Woodlands, or to plant or replant Trees. 9.2 The Order shall set out: 9.2.a the name and the Owner and the municipal address or the legal description of the land; Page 422 of 546 PDS 4-2025 - Appendix 2 Page 16 of 20 9.2.b reasonable particulars of the contravention; 9.2.c the work to be done and the date by which the work must be done; 9.2.d a statement that if the work is not done in compliance with the Order within a specified time period, the Region may have the work done at the expense of the Owner; and 9.2.e contact information of the Officer. 9.3 The Order may be served in accordance with the service provisions contained in section 8. 10. PENALTY 10.1 Any Person who contravenes any provision of this By-law, or an Order issued under this By-law is guilty of an offence and is liable: 10.1.a on first conviction, to a fine of not more than $10,000 or $1,000 per Tree, whichever is greater;on any subsequent conviction for the same offence, to a fine of not more than $25,000 or $2,500 per Tree, whichever is greater; and, 10.1.b on conviction for a continuing offence, to a fine of not less than $100 and not more than $10,000 for each day or part of a day that the offence continues. The total of the daily fines may exceed $100,000. 10.2 Despite subsection 10.1, where the Person convicted is a corporation: 10.2.a the maximum fines in clause 10.1.a are $50,000 or $5,000 per Tree; and 10.2.b the maximum fines in clause 10.1.b are $100,000 or $10,000 per Tree. 10.3 If a Person is convicted of an offence for contravening this By-law or an Order is issued under this By-law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may order the Person to rehabilitate the land or to plant or replant Trees in such a manner Page 423 of 546 PDS 4-2025 - Appendix 2 Page 17 of 20 and within such period as the court considers appropriate, including any silvicultural treatment necessary to re-establish the Trees. 10.4 If an Order has been issued under this By-law or by the court, and the order has not been complied with, the contravention of the Order shall be deemed to be a continuing offence for each day or part of the day that the Order is not complied with. 10.5 The destruction of two or more Trees without or in contravention of a Permit shall be deemed to be a “multiple offence” as provided in the Municipal Act and shall be subject to the per tree penalties prescribed in section 10.1 and 10.2. 11. ENFORCEMENT 11.1 The provisions of this By-law may be enforced by an Officer. 11.2 An Officer or any person authorized by an Officer may, at any reasonable time, enter upon and inspect any land for the purposes of enforcing this By- law, determining compliance with this By-law, determining compliance with terms and conditions of a Permit issued under this By-law, determining compliance with an Order issued under this By-law or laying charges under this By-law. 11.3 An Officer exercising a power may be accompanied by a Person under his or her direction. 11.4 Any Person who obstructs or interferes with an Officer, or any Person or agent authorized by an Officer, in the discharge of his or her duties under this By-law, shall be considered in violation of this By-law. 11.5 Any Person who provides false information to an Officer shall be deemed to have obstructed or interfered with the Officer in the execution of their duties. 12. ADMINISTRATION 12.1 If any section or part of this By-law is found by any court of competent jurisdiction to be illegal or beyond the power of Regional Council to enact, such section or part shall be deemed to be severable and all other sections or parts of this By-law shall be deemed to be separate and independent therefrom and to be enacted as such. Page 424 of 546 PDS 4-2025 - Appendix 2 Page 18 of 20 12.2 The short title of this By-law is the “Woodland Conservation By-law”. 12.3 By-law 2020-79 of the Regional Municipality of Niagara and all amendments thereto, are hereby repealed. 12.4 Despite subsection 12.3, By-law 2020-79, as amended, shall continue to apply to: 12.4.a proceedings in respect of offences that occurred before its repeal; and, 12.4.b permits in compliance with By-law 2020-79, which were approved prior to its repeal. 12.5 That this By-law shall come into force and effect on the day upon which it is passed. THE REGIONAL MUNICIPALITY OF NIAGARA James Bradley, Regional Chair Ann-Marie Norio, Regional Clerk Passed: <date> Page 425 of 546 PDS 4-2025 – Appendix 3 Appendix 3. Table summarizing proposed Woodland by-law updates and the reason for their consideration. The primary reason for updates is driven by changes in the updated Regional Official Plan and/or changes to municipal planning responsibilities due to Planning Act changes, with further minor refinements to other areas recommended by Regional staff. Reason for Update By-law Section Description of Update Other Staff Niagara Official Plan Official Plan Transition PPS (2024) Conformity Recommended (2022) Conformity Changes Preamble WHEREAS Statement Updates Yes No No No 1.1 Agricultural Use Definition Update No Yes No No 1.14 Move Normal Farm Practice No No No YesDefinition to Section 4 1.26.a Sensitive Natural Area Definition Yes Yes No No Update 4.15 Agricultural Exemptions Update Yes YesNo No 4.16 Standalone Normal Farm Practice No YesNo No Exemption addition 9.4, 9.5 Removal of Failure to Comply with Work Order and Cost Recovery No YesNo No Clause Page 426 of 546 Bill 2025-24 Authorization Reference: PEDC 4-2025 Minute Item: Item 6.2 Page 1 of 4 THE REGIONAL MUNICIPALITY OF NIAGARA BY-LAW NO. 2025-24 A BY-LAW TO AMEND BY-LAW 2020-79 BEING A BY- LAW TO PROHIBIT AND REGULATE DESTRUCTION OR INJURING OF TREES IN THE REGIONAL MUNICIPALITY OF NIAGARA WHEREAS Section 135(2) of the Municipal Act, 2001, S.O. 2001, c. 25, (the “Act”), as amended, provides that Regional Council may by bylaw prohibit or regulate the destruction or injuring of trees in woodlands designated in the by-law; WHEREAS Section 135(7) of the Municipal Act provides that the by-law may require that a permit be obtained to injure or destroy trees in woodlands as designated in the by-law and impose conditions on a permit, including conditions relating to the manner in which destruction occurs and the qualification of persons authorized to injure or destroy trees; WHEREAS Regional Council deems it desirable to enact a by-law for the purposes of: • conserving and improving the Woodlands in the Regional Municipality of Niagara through Good Forestry Practices; • promoting Good Forestry Practices that sustain healthy Woodlands and related natural habitats and environments; • Ensuring the long- term health and productivity of Woodlands; • regulating and controlling the removal, maintenance and protection of trees in Woodlands; • protecting, promoting and enhancing the values of Woodlands; • contributing to human health, recreation, enjoyment and quality of life through the maintenance of Woodland cover; • enhancing biodiversity and forest resilience to help our communities adapt to climate change; WHEREAS on October 22, 2020 By-law No. 2020-79 was passed by Regional Council and this By-law has been in place to prohibit or regulate the destruction or injuring of trees in Woodlands in the Region; and Page 427 of 546 Bill 2025-24 Authorization Reference: PEDC 4-2025 Minute Item: Item 6.2 Page 2 of 4 WHEREAS Regional Council deems it desirable to amend By-law 2020-79 being a By- law to Prohibit or Regulate the Destruction or Injuring of Trees in The Regional Municipality of Niagara. NOW THEREFORE the Council of The Regional Municipality of Niagara enacts as follows: 1. That Section 1.1 of By-Law No. 2020-79 be deleted and be replaced with the following: 1.1 "Agricultural Use" means the growing of crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; and associated onfarm buildings and structures, including, but not limited to livestock facilities, manure storages, value- retaining facilities, and accommodation for full-time farm labour when the size and nature of the operation requires additional employment. 2. That Section 1.14 of By-Law No. 2020-79 be deleted. 3. That Section 1.26a of By-Law No. 2020-79 be deleted and be replaced with the following: 1.26a Within a Provincially Significant Wetland, Provincial Life Sciences Area of Natural Scientific Interest, or Significant Woodland, as those terms are defined in the Regional Official Plan, or, in the case where there is no Regional Official Plan, as defined in the Official Plan of the relevant Area Municipality; or 4. That Section 4.15 of By-Law No 2020-79 be deleted and be replaced with the following: The Harvesting, Injuring or Destruction of Trees by a Farmer that involves the clearing of all or part of a Woodland for Agricultural Use on land that is owned by the Farmer doing the clearing, provided that: 4.15.a The land upon which the clearing is to occur is part of a farm operation or farm corporation that has existed for at least three (3) years prior to such clearing; 4.15.b the land that is cleared is put into Agricultural Use within three (3) years of the date on which such clearing commences; Page 428 of 546 Bill 2025-24 Authorization Reference: PEDC 4-2025 Minute Item: Item 6.2 Page 3 of 4 4.15.c prior to the clearing, the Farmer advises the Officer of the proposed clearing. For the purposes of this section the marking of Trees, a Forest Management Plan or a Silvicultural Prescription, a fee and a Permit are not required; 4.15.d the land being cleared for Agricultural Use is: (i) outside the Urban Area; and (ii) is designated and zoned for Agricultural Use, with no Environmental Overlays, in the Official Plan and Zoning By-law of the Area Municipality, and, where applicable, in the Niagara Escarpment Plan; and 4.15.e the Injuring or Destruction of Trees does not involve a Sensitive Natural Area. 5. That the following wording be added to Section 4 of By-Law No. 2020-79 following Section 4.15 as a new section. 4.16 The Injuring or Destruction of Trees as a result of a ‘Normal Farm Practice’ carried on as part of an ‘Agricultural Operation’ as such terms are defined in the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1, as amended, or any successor legislation; 6. That Section 5.4 of By-Law No. 2020-79 be deleted and be replaced with the following: 5.4 Notwithstanding Sections 5.2 and 5.3, a Good Forestry Practices Permit may be issued where an exclusion provision under the Professional Foresters Act 2000, c.18, as amended, applies and a qualified member of the Ontario Professional Foresters Association provides an opinion that the Harvesting of Trees is consistent with Good Forestry Practices. 7. That Section 9.4 of By-Law No. 2020-79 be deleted. Page 429 of 546 Bill 2025-24 Authorization Reference: PEDC 4-2025 Minute Item: Item 6.2 Page 4 of 4 8. That Section 9.5 of By-Law No. 2020-79 be deleted. 9. That this by-law shall come into force and effect on the day upon which it is passed. THE REGIONAL MUNICIPALITY OF NIAGARA ______________________________________ James Bradley, Regional Chair ______________________________________ Ann-Marie Norio, Regional Clerk Passed: May 22, 2025 Page 430 of 546 Page 431 of 546 Page 432 of 546 Page 433 of 546 Page 434 of 546 Page 435 of 546 Page 436 of 546 Page 437 of 546 Page 438 of 546 Page 439 of 546 Page 440 of 546 Page 441 of 546 Page 442 of 546 Page 443 of 546 Page 444 of 546 Page 445 of 546 Page 446 of 546 Page 447 of 546 Page 448 of 546 Page 449 of 546 Christine Van Geyn Litigation Director Canadian Constitution Foundation cvangeyn@theCCF.ca June 19, 2025 Sent via email City of Niagara Falls 4310 Queen St, Niagara Falls, ON L2E 6X5 Canada Attn: Niagara City Council Re: Recent arrest of members of the public at city council We are writing to you to ask that you immediately rescind the ban on signs at public meetings contained in the Niagara Falls Decorum Policy for Public Meetings. We have serious and urgent concerns arising from the recent arrest of three individuals at a Niagara City Council meeting on June 17, 2025 for holding signs. The arrests included regional Councillor Haley Bateman. The signs were reportedly in protest of the city clerk’s decision to deny a delegation to a member of the public about provincial legislation aimed at strengthening municipal governance and accountability. The women protested the denial of the delegation by holding up paper signs that said, “Women of Ontario Say No”. I have reviewed the Niagara Falls procedural bylaw and it does not prohibit silently holding signs at meetings. There is a Decorum Policy for Public Meetings on the Niagara Falls website which states: Objects and symbolic materials, such as signs, shall not be allowed within the meeting area unless used for formal presentation purposes; This policy is constitutionally problematic, and the decision to eject and arrest three individuals for carrying signs was unreasonable. The ban on signs is an infringement on the rights of members of the public protected by s. 2(b) of the Canadian Charter of Rights and Freedoms. This violation of Charter-protected rights cannot be justified in a free and democratic society, as it is not minimally impairing or proportionate. The pertinent case law analyzing this precise issue is attached to this letter. When members of the public lack access to the levers of power, or feel like their voices are being silenced, signs are one of the ways they can voice their objections. A sign can convey their message to elected leaders in power when those leaders would rather not hear it. The right to protest with signs is a Page 450 of 546 core part of democracy. This is the civic protest that the women at the June 17 meeting were engaging in, as is their constitutional right. The heavy handed response of the city arresting three women for silently holding signs is heavy-handed, disproportionate, unreasonable, and unconstitutional. The policy is highly vulnerable to a constitutional challenge. We have represented plaintiffs and applicants across Canada who have had their freedom of expression restricted by government actors, with extensive experience litigating against municipal governments. We have appeared at all levels of court, including the Supreme Court of Canada, to advocate for the fundamental freedoms of Canadians. Our extensive record successfully litigating free expression issues is available on our website at www.TheCCF.ca. We encourage you to rescind the sign policy immediately and avoid litigation. The prohibition on signs, props, placards and flags violates the guarantee to freedom of expression protected in the Charter The ban on signs is a prima facie violation of free expression. It is especially troubling because it silences political speech in the context of the democratic process. The Supreme Court of Canada has maintained that the connection between freedom of expression and the political process is “perhaps the linchpin” of section 2(b) protection (R. v. Keegstra, [1990] 3 S.C.R. 697; Thomson Newspapers Co. v. Canada (A.G.), [1998] 1 S.C.R. 877; Harper v. Canada (Attorney General), [2004] 1 S.C.R. 827). Because of the importance of the right to free expression, “any attempt to restrict the right must be subjected to the most careful scrutiny.” (R. v. Sharpe [2001] 1 S.C.R. 45). Limits on political speech will generally be the most difficult to justify. (Thomson Newspapers Co. v. Canada [1998] 1 S.C.R. 877; Harper v. Canada, [2004] 1 S.C.R. 827). Free expression has long been regarded as fundamental to the working of a free democracy and to the maintenance and preservation of our most fundamental freedoms. The Charter confers a “broad and virtually unlimited right” to free expression (McLachlin JJ, as she then was, partial dissent in Canadian Human Rights Commission v Taylor [1990] 3 S.C.R. 892). Freedom of expression plays a critical role in the development of our society. It makes it possible for all individuals to express their views on any subject relating to life in society. Some forms of expression, such as political speech, lie at the very heart of freedom of expression (R. v. Sharpe [2001] 1 S.C.R. 45; R v Guignard, [2002] 1 SCR 472). Free expression is valued above all as being instrumental to democratic governance. The banning of signs during the democratic process is a violation of that constitutionally protected right when that right receives the most protection. The violation of freedom of expression caused by the ban on signs, props, placards and flags is not justified by s. 1 of the Charter These limits on the right to freedom of expression cannot be justified under section 1 of the Charter, and the case law supports this conclusion. Once a breach of the Charter has been identified, the onus shifts to Niagara Falls to justify the breach by employing the analysis under s. 1 of the Charter. The rationale for the policy is laid out on the Niagara Falls website: Page 451 of 546 The policy is intended to facilitate the conduct of all meetings, including public meetings in an open and orderly manner and in an environment safe for all persons in attendance and in conformity with the City’s corporate values of Respect, Leadership, Teamwork and Accountability. Niagara Falls must show that the ban on signs is a reasonable and demonstrably justified limit to free expression through a proportionality test set out in R v Oakes [1986] 1 S.C.R. 103. The proportionality test requires that there be a pressing and substantial purpose and that the means chosen to advance this purpose are (1) rationally connected to the objective; (2) minimally impairing; and (3) produce benefits that outweigh the detriment to freedom of expression. The sign ban fails the Oakes test, and conflicts with existing case law. While we agree that facilitating the conduct of meetings in an orderly and safe manner is a valid public purpose, a total ban on all signs is not rationally connected to these goals. Signs are not dangerous items, and the women who carried them kept the signs in their lap, silently. Holding these small signs silently did not disrupt the meeting in any way. The ban also undermines the City’s corporate values of respect and accountability by denying members of the public to hold council to account through protest and speech. The total ban on signs is not minimally impairing. There are far less restrictive options available to council to achieve the goal of efficient meetings without distractions. In Gammie v. Town of South Bruce Peninsula, 2014 ONSC 6209, Justice Price considered a case where a constituent brought two signs into a special budget meeting in council chambers on February 10, 2012, and signs to another public meeting on January 31, 2012. Because of the signs and because of some of Mr. Gammie’s other conduct, he was banned from council chambers. The case is appended to this letter, but we highlight the following passages, which consider the proportionality and minimal impairment of the prohibition: [92] I am not persuaded that it was only possible to prohibit violent, disruptive, expression by limiting proper expression at the same time. Example of measures that would prohibit only disruptive expression are a resolution that prohibited Mr. Gammie from having recording devices in his possession at Council Meetings, or that restricted the forms of signs that could be brought into Council Chambers to paper or cardboard without solid handles, or that limited his communication with Town staff, as the third Resolution does, to one designated employee, being the Town’s Administrator, or the Town Clerk. If the only way to limit unprotected expression were to limit protected expression at the same time, this argument would have to be made under s. 1 of the Charter. The 2013 Resolution’s prohibition of Mr. Gammie from entering Council Chambers, which limited all expression, protected and unprotected, violated s. 2(b) to the extent that it limited protected expression. Page 452 of 546 [103] The Town Council could, and should, have passed a resolution that restricted Mr. Gammie’s right to enter the Council Chambers in a more limited manner. For example, a resolution could have prohibited only his attendance at Council meetings with recording devices, or with signs mounted on hard backings, or restricted his communication with members of Council to the confines of Council Chambers, and in accordance with the rulings of the Chair of such Meetings, or restricted his communication with Town staff to business hours and at Town Offices or Council Chambers or, as in the third Resolution, with designated staff. Having regard to the availability of such measures, all of which would be less restrictive than the resolution that was passed, the Town cannot establish, on a balance of probabilities, that the limit in its resolution was the least restrictive possible. The infringement caused by the resolution therefore could not have been justified under s.1. [emphasis added] Like in Gammie, Niagara Falls cannot limit protected expression by banning all signs. The concern about maintaining decorum and safety must be more carefully tailored. The damage to free expression caused by the total ban far exceeds any hypothetical benefit. Conclusion As we have mentioned at the top of this letter, we are seriously concerned that this policy is an unjustified infringement on the constitutional rights of the people of Niagara Falls. We encourage the city to rescind the sign policy. Should this policy remain in place, the CCF will prepare next steps, up to and including litigation. Of course, it is our preference that Niagara Falls conduct itself in compliance with our constitution and save everyone involved including the taxpayers of the city from costly litigation. We look forward to your response. Regards, Christine Van Geyn Director of Litigation Canadian Constitution Foundation cvangeyn@TheCCF.ca Page 453 of 546 1 Heather Ruzylo Subject:Eco-Ninjas Adopted Road Proposals From: Michael John Henley < Date: June 30, 2025 at 1:13:29 AM EDT To: William Matson <billmatson@niagarafalls.ca> Subject: Re: Eco-Ninjas Adopted Road Proposals To Niagara Falls City Council Hello members of council and those in attendance. My name is Michael John Henley, and I am here on behalf of The Eco-Ninjas with 5 proposals for our Portage Road adopted road of 12 years. These proposals will add to the beautification and adventurous spirit of our community in Niagara Falls, and at no time, no dime to the towns people tax payers in it's creation. The Eco-Ninjas Easter Eggs Adventure Proposal 1. Bunnie Brandt memorial rock "Easter Egg" garden at the North corner of Portage Rd, aka Eco-Ninjas Way. Bunnie Brandt was an original Eco-Ninja, but more important she was a true Niagara Falls patron who loved this community, volunteered various events, and supported all it's Artists. We the Eco-Ninjas want to honor her with a metal sign in the silhouette of a Bunny Rabbit to be placed in the rock garden with various Easter Egg rocks, of various colors, from various people, from various places. Proposal 2. A Mural painted by various local Niagara Artists, and added "Hand Prints" from anyone and everyone, locals to tourists alike. Running North to South parallel along Portage Rd aka Eco-Ninjas Way, there is a 100 meter long concrete wall. That giant blank wall is a canavas in the minds of Artists who pass by it, and should be contributed to by them, and others from all over the World with hand prints. The wall has already been, and will continue to be spray painted or "tagged". So I propose we not only allow, but make it awesome and let everyone contribute to it in good taste, if even a hand print. Proposal 3. Eco-Ninjas Easter Eggs Adventure through the secret Artist garden. In the middle of Portage Rd on the East side, is a pay parking lot, with access to a road going down the Escarpment to the pay parking lot by Power Plant/Tesla museum. You should utilize the pay parking lots by giving the tourists and locals another awesome place to adventure. Allow Eco-Ninjas and other Artists to fill that access road with Eclectic Art and Easter Eggs. As well as Solar lights. Niagara Falls has the Festival of Lights and I Page 454 of 546 2 propose we add to it with the Eco-Ninjas Easter Eggs Adventure through the secret Artists Garden. Proposal 4. Darlene Collver memorial garden at the South end corner of Portage Rd aka Eco-Ninjas Way and McLeod Rd. It is in Darlenes honor we the Eco-Ninjas even exist, and have grown. A garden in her name is a beautiful and symbolic way to show and share how we The Eco-Ninjas started, and where we grow. Proposal 5. "Welcome to Niagara Falls" sign At the South end corner of Portage Rd aka Eco-Ninjas Way and McLeod Rd there should be a Big "Welcome to Niagara Falls" sign. Along Portage Rd, at the South end is a "Welcome to Niagara Falls Historical Village of Chippawa. Home Town of James Cameron". It makes sense the other end coming into Niagara Falls have a big "Welcome to Niagara Falls" sign. The sign would be easy to access for tourists to take pictures, and also part of the Eco-Ninjas Easter Eggs Adventure. The Eco-Ninjas story started over 12 years ago here in Niagara Falls. 2 people picking up garbage in our community to honor the passing of Darlene Collver, Mother to Kris Collver aka The KaC Himself. A member of the Niagara Falls Artist Wall of Fame, Kris Collver and his friend, a fellow Niagara Falls Artist Mikey Henley, grew the Eco-Ninjas from just the 2 of them, to over a hundred people of all ages joining. In 2014 The Eco-Ninjas were given the Niagara Region Environmental Award, presented by Mayor Jim Diodati. Since then we have gone on to adopt other roads, and take care of the environment in communities across not just Canada, but other Countries as well. We the Eco-Ninjas want to share our love for Arts and the Environment with all, but also make all a part of the story. Pick your favorite color...that's what color Eco-Ninja you are now. I'm the Yellow Eco-Ninja (fate choose that one). Thank you for your time, and hearing me out with these amazing proposals. I look forward to any choice you make, cause then we will know. Either way I will always be an Eco-Ninja. Sincerely Michael John Henley aka The Yellow Eco-Ninja P.ost S.cript Attached are a map of our adopted Portage Rd with photos depicting locations of each proposal, and a link to a video showing and telling the story of my proposals in detail. This video has been seen and shared on social media with most agreeing these are all great proposals. Page 455 of 546 3 https://www.facebook.com/share/r/1Agk8WGzEp/ On Thu., Jun. 26, 2025, 4:11 p.m. William Matson, <billmatson@niagarafalls.ca> wrote: Michael, Thank you for your interest in submitting information for the July 8, 2025 Council meeting. Your YouTube video is quite informative and certainly helps visualize the various locations you are Page 456 of 546 4 speaking about but I would kindly ask that you summarize your request in writing so that we may submit your ‘ask’ to Council formally on the upcoming Council agenda. We can include the YouTube video link so that Council can view it, but we would not be showing the video link during the Council meeting. When considering your request, Council can then provide some direction on how to move forward with your ideas. Please provide your written submission back to me and those listed on this email, by Wednesday July 2nd so that we can include it on the next Council agenda. Bill Matson | City Clerk | Director of Clerks Services | City of Niagara Falls 4310 Queen Street | Niagara Falls, ON L2E 6X5 | (905) 356-7521 ext 4342 | Fax 905-356-9083 | billmatson@niagarafalls.ca From: Michael John Henley < Sent: Monday, June 23, 2025 1:59 PM To: William Matson <billmatson@niagarafalls.ca> Subject: Re: Eco-Ninjas Adopted Road Proposals 4. Darlene Collver memorial garden 5. Welcome to Niagara Falls sign Proposals 4 and 5 are requested from the city. Proposals 1-3 are for the city from us On Mon., Jun. 23, 2025, 1:03 p.m. Michael John Henley, < wrote: Hello Mr. Bill Matson My name is Michael John Henley and I represent the Eco-Ninjas. We have been a part of Niagara Falls adopted roads program for over 12yrs, even winning the 2014 Niagara Environmental Award. I went to city hall to request forms for city council meeting for our proposals and was give your business card. We the Eco-Ninjas have some proposals for our original adopted road, Portage Rd and would like your advice and help if you can please. 1. Bunnie Brandt memorial garden 2. Mural painting on wall 3. Eco-Ninjas Easter Egg Adventure I have made a 12min video explaining in detail our proposals, and people on social media are already starting to agree and share. I have attached a link to the YouTube video here. Page 457 of 546 5 https://youtu.be/IaI12rC9OY4?feature=shared The city asks to take care of Adopted roads at least 3x a year, we do our roads multiple times a year, as well as other roads and parks across our communities and the country. We take our commitment to our communities to heart, and want to make our original adopted road an amazing adventurous place free for all to experience. Sincerely Michael John Henley Page 458 of 546 Transit Motion re. Free Rides for Seniors Whereas Niagara Transit Board of Directors stated purpose is “Helping every person in Niagara experience independence, freedom, and a sense of discovery” 1; And whereas Ontario Gas Tax Fund for Transit is based on population (30%) and ridership (70%) figures 2; And whereas Seniors age 65 years and over represent a large proportion (23.3 %) 3 of the region’s population but only 6% of transit riders 1; And whereas fares must be charged for the Ontario Transit Investment Fund projects, however, to meet community need and deliver more equitable transit services, eligible projects may charge reduced or waived fares to support the affordability of the proposed service for users (e.g. seniors, low income individuals) 4; And whereas many Seniors have diminishing cognitive abilities, and therefore are not able to maintain their drivers license and which may then negatively impact their mobility and that of their cohabitant or spouse; And whereas Seniors typically require transportation during what are considered off peak periods whether for shopping, medical appointments or personal matters; And whereas many of these same Seniors have limited options for travel as well as affordability issues: many even seeking the use of various dubious mobility devices and travelling long distances in what can be considered precarious, if not unsafe conditions; And whereas it intuitively makes sense to maximize use of available capacity in the transit system without the attendant cost of capital investment in conventional transit while at the same time increasing overall ridership and gas tax funding; And whereas Niagara Transit Board of Directors has recently passed a motion to investigate “the implications of providing free bus rides to teenagers” 5; Now therefore the Council of the City of Niagara Falls requests that the Niagara Transit Board of Directors investigate the feasibility of providing free transit for Seniors as well as Teenagers. Respectfully submitted, Niagara Falls Seniors Advisory Committee Sources: 1 Niagara Transit General Manager’s 2024 Annual Report 2 Association of Municipalities of Ontario 3 Statistics Canada 2021 Census 4 O.T.I.F. Program Guide 5 Standard-Review-Tribune Wednesday, June 11, 2025 Page 459 of 546 Notice of Motion by Councillor Lori Lococo Impacts of Bill 5 on Niagara Falls Climate Change Adaptation Implementation Plan WHEREAS the City of Niagara Falls Climate Change Adaptation Implementation Plan was unanimously approved by City Council, in September 2023 — to be implemented over 5+ years, with a report every second year to City Council. AND WHEREAS the Adaptation Plan is critical to our city’s long-range planning. AND WHEREAS the Adaptation Plan is a community-based strategic direction tailored to local needs, but subject to provincial legislation. AND WHEREAS passage of provincial legislation Bill 5 [Protect Ontario by Unleashing our Economy Act, 2025] is designed to fast-track projects by “reducing regulatory barriers” — allowing exemptions from municipal by-laws and impact assessment requirements, weakening planning oversight mechanisms, prohibiting municipal planning policies that exceed provincial minimum standards, and eliminating legislative safeguards in place when this Adaptation Plan was approved (September 2023). AND WHEREAS Bill 5 therefore poses direct and significant impact on municipal regulatory authority to set goals, implement and enforce policy standards in our city’s Adaptation Plan. THEREFORE BE IT RESOLVED THAT Council — out of concern for public protection (from flooding and other site hazards to ensuring building safety), responsible growth, climate-change resiliency of infrastructure (from wastewater treatment to energy-efficient green initiatives), planning adequate housing, transportation networks ... fiduciary duty to constituents and environmental stewardship — direct staff to provide a Summary Report of Bill 5 impacts on the Adaptation Plan, with resulting implications (including impacts to the budget), as part of the forthcoming 2-year report to Council. AND ... That this (above) Summary Report be presented to Council for approval and sending to the following, for support, as part of the ongoing, widespread efforts to have Bill 5 revoked: The Premier of Ontario The Minister of Municipal Affairs and Housing Local MPPs Niagara Regional Council City Councils of (all) Ontario Municipalities Page 460 of 546 1 Heather Ruzylo Re: Bubble Zones WHEREAS, we need to protect the right of our residents to worship without threats of intimidation, and WHEREAS, City owned public spaces and spaces in the vicinity of faith-based cultural institutions including streets and sidewalks should feel safe and free from protestors, and WHEREAS, some protests invoke harassment and intimidation, and WHEREAS, those attending religious institutions should be able to do so in peace, and WHEREAS, the history of bubble zones goes back to 1995 where they were first adopted in British Columbia, and WHEREAS, causes that are of international concern are being taken up by local residents and visitors more often as issues on the world stage become increasingly pronounced, and WHEREAS, redirecting political protests away from innocent and vulnerable religious minorities and children will make sure that their rights are not impeded, THEREFORE BE IT RESOLVED, that City Council ask for a staƯ report to review a Bubble Zone Bylaw that would prohibit protests around faith based and cultural institutions and city-owned facilities and property. Page 461 of 546 CITY OF NIAGARA FALLS By-law No. 2025-031 A by-law to provide for the adoption of Amendment No. 180 to the City of Niagara Falls Official Plan (AM-2025-001). THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text constituting Amendment No. 180 to the City of Niagara Falls Official Plan is hereby adopted. Read a First, Second and Third time; passed, signed and sealed in open Council Passed this 8th day of July, 2025. ……………………………………………….. ………………………………………… MARGARET CORBETT, DEPUTY CLERK JAMES M. DIODATI, MAYOR Page 462 of 546 PART 1 – PREAMBLE (i) Purpose of the Amendment The purpose of the amendment is to establish Owner Occupied Short-Term Rentals as a home occupation that may be permitted on Residential lands through an implementing zoning by-law. (ii) Location of the Amendment The amendment applies to lands designated “Residential”, as shown on Schedule “A” to the Official Plan – Future Land Use. (iii) Details of the Amendment Text Change PART 2 – LAND USE POLICIES is amended by amending Subsection 1.3. Definitions for “Owner Occupied Short-Term Accommodation” and “Owner Occupied Short-Term Rental” are added to APPENDIX 1 – DEFINITIONS. (iv) Basis of the Amendment Bed and Breakfasts are a home occupation that may be permitted on Residential lands through an implementing zoning by-law where they are limited in number of guest rooms to be compatible with the residential neighbourhood. The amendment will facilitate the compatible incorporation of Owner Occupied Short-Term Rentals as a similar land use and home occupation as Bed and Breakfasts within residential areas within the urban area boundary. PART 2 – BODY OF THE AMENDMENT All of this part of the document entitled PART 2 – BODY OF THE AMENDMENT consisting of the following text and attached map, constitute Amendment No. 180 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. Part 2, Section 1.3 is amended by adding the words: i. “and Owner Occupied Short-Term Rentals” after “Bed and Breakfasts” and before “, may be permitted”; and ii. “/bedrooms” after “guest rooms” and before “to be compatible” so that it reads: Page 463 of 546 “1.3 Home occupations, including owner occupied Bed and Breakfasts and Owner Occupied Short-Term Rentals, may be permitted through an implementing zoning by-law where they are limited in number of guest rooms/bedrooms to be compatible with the residential neighbourhood. Zoning by-law amendment applications to increase the size of such uses will be carefully considered to minimize potential disturbances to adjacent properties and to protect the character and identity of the overall neighbourhood.” 2. Part 2, Section 1.3 is amended by adding the following subsection: “1.3.1 An undue concentration of Owner Occupied Short-Term Rentals is to be avoided to reduce the impacts on the character of the residential nature of the area and residential enjoyment of permanent residents. To ensure lands designated Residential meet the primary purpose of providing dwellings for a range of households, Council may consider limiting the location and number of Owner Occupied Short-Term Rentals as a result of monitoring the number of licences issued annually. 3. The following definitions are hereby added alphabetically to APPENDIX 1 – DEFINITIONS: “Owner Occupied Short-Term Accommodation” – means an Owner Occupied Short- Term Rental or a Bed and Breakfast but shall not include a Vacation Rental Unit. “Owner Occupied Short-Term Rental” – means a home occupation in a dwelling unit within or accessory to a Principal Residence that is rented out by the Owner to a single group of the travelling public for a period of 28 consecutive days or less and is licensed by the City of Niagara Falls to carry out a business. Page 464 of 546 CITY OF NIAGARA FALLS By-law No. 2025-032 A by-law to amend Zoning By-law No. 79-200 to introduce new definitions and regulatory provisions respecting Owner Occupied Short-Term Accommodations in residential zones (AM-2025-001); WHEREAS it is the express intention of the Council of the City of Niagara Falls to amend By-law No. 79-200 to add “Owner Occupied Short-Term Accommodation” as a permitted use in residential zones within the City of Niagara Falls; AND WHEREAS it is the express intention of the Council of the City of Niagara Falls that the permitted use “Owner Occupied Short-Term Accommodations” in residential zones shall be conditional upon the owner of the property, obtaining a license from the City of Niagara Falls and maintaining that license in good standing and that no property, other than a property that has been zoned by a site specific by-law enacted by this Council as of the date of the passing of this by-law, shall be found to have the permitted use “Owner Occupied Short-Term Accommodations” as of right; AND WHEREAS the Council of the City of Niagara Falls is aware of the presence of permitted uses within residential zones that may fall within the ambit of the definition of “Owner Occupied Short-Term Accommodation” set out in this by-law that are in operation as of the date of the passing of this by-law; AND WHEREAS it is the express intention of the Council of the City of Niagara Falls that this by-law shall have no impact of any nature or kind upon the rights of operators of permitted uses that may fall within the ambit of the definition of “Bed and Breakfast” as set out in By-law No. 79-200 existing as of the date of the passing of this by-law. AND WHEREAS permitted uses in residential zones that may fall within the ambit of the definition of “Bed and Breakfast” as set out in By-law No. 79-200 do not, and never have, included the right to operate a “Bed and Breakfast” in the absence of a license for that operation issued by the City of Niagara Falls that is, and has been, maintained in good standing; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That SECTION 2 – DEFINITIONS of By-law No. 79-200 is amended by adding the following definitions alphabetically: “OWNER OCCUPIED” means a Principal Residence occupied, on a full-time basis, by the registered Owner of the property on which the Principal Residence is located as recorded and maintained in the records of the Registry Office for the Land Titles Division of Niagara South; Page 465 of 546 "OWNER OCCUPIED SHORT-TERM ACCOMMODATION" means an Owner Occupied Short-Term Rental or a Bed and Breakfast but shall not include a Vacation Rental Unit; “OWNER OCCUPIED SHORT-TERM RENTAL” means a home occupation in a dwelling unit within or accessory to a Principal Residence that is rented out by the Owner to a single group of the travelling public for a period of 28 consecutive days or less and is licensed by the City of Niagara Falls to carry out a business. “PRINCIPAL RESIDENCE” means an Owner’s permanent place of residence, pursuant to the Income Tax Act. 2. That SECTION 2 – DEFINITIONS of By-law No. 79-200 is amended by amending the following definitions: a) “BOARDING OR ROOMING HOUSE” is amended by adding the words “Bed and Breakfast, Owner Occupied Short-Term Rental” between the words “home for the aged” and “or other establishment”, so that it reads: "BOARDING OR ROOMING HOUSE" means a building in which the proprietor supplies for gain, directly or indirectly, lodging with or without meals to three or more persons other than the proprietor but does not include a tourist establishment, hotel, hospital, home for the aged, Bed and Breakfast, Owner Occupied Short-Term Rental or other establishment otherwise classified or defined in this By-law; b) “HOME OCCUPATION” is amended by adding the words “, including but not limited to Owner Occupied Short-Term Accommodations” after the words “private residence”, so that it reads: "HOME OCCUPATION" means any occupation, except the keeping of boarders or roomers, which is carried on within a dwelling or dwelling unit in compliance with the provisions of this Bylaw, and which is clearly incidental and secondary to the use of such dwelling or dwelling unit as a private residence, including but not limited to Owner Occupied Short-Term Accommodations. 3. That Table 1 of clause (a) of Section 4.19.1 of By-law No. 79-200 is amended by adding the following Class of Use and Minimum Parking Space Requirements: Owner Occupied Short-Term Rental 1 parking space for up to 2 bedrooms, and 1 additional parking space for 3 bedrooms, which may be provided in tandem. Page 466 of 546 4. That SECTION 4 – GENERAL PROVISIONS of By-law No. 79-200 is amended by amending Section 4.37 as follows: a) That Section 4.37 be renamed to “OWNER OCCUPIED SHORT-TERM ACCOMMODATION” and the following preamble be added: “An Owner Occupied Short-Term Accommodation shall comply with the following provisions:” b) That the following subsection 4.37.1 Bed and Breakfast be added immediately following the preamble with all applicable regulations for a Bed and Breakfast to be renumbered under Section 4.37.1 so that it reads: “4.37.1 Bed and Breakfast (a) A bed and breakfast must be located in the dwelling or dwelling unit that is the primary residence of the owner; (b) The maximum number of guest rooms permitted in a bed and breakfast in a dwelling or dwelling unit in a R1A, R1B, R1C, R1D, R1E, R1F, R2, R3, TRM, DC, DTC, A, R and DH zone shall be 3; (c) The maximum number of guest rooms permitted in a bed and breakfast in a dwelling or dwelling unit in a GC, CB and TC zone shall be 6; (d) A bed and breakfast shall require a licence issued by the City of Niagara Falls and the municipal licence of a bed and breakfast must be kept current and maintained in good standing; (e) The maximum number of guests permitted to stay in a guest room shall be in accordance with the requirements of the Building Code Act, 1992, S.O. 1992, c. 23, as amended, and the regulations promulgated thereunder; (f) Subject to clause (g) of section 4.37, every reference to a zone in clauses (b) and (c) of section 4.37 shall be deemed to include any zone described in section 19 of the by-law that is derived from the zones listed in clauses (b) and (c) of section 4.37; (g) Existing tourist homes and any other permitted uses that fall within the ambit of the definition of a bed and breakfast as set out in this by-law shall henceforth be referred to as a bed and breakfast, but in all other respects shall continue to be governed by the site specific regulations that govern their permitted use on the effective date of this amendment to the by-law; Page 467 of 546 (h) Parking and access requirements shall be in accordance with section 4.19.1.” c) That the following subsection be added: “4.37.2 Owner Occupied Short-Term Rental (a) A maximum of one Owner Occupied Short-Term Rental shall be permitted within or accessory to a permitted detached dwelling, semi-detached dwelling, duplex dwelling or townhouse dwelling that is the principal residence of the owner. (b) Owner Occupied Short-Term Rentals are permitted within the R1A, R1B, R1C, R1D, R1E, R1F, R2, R3, R4, and TRM Zone in accordance with subsection 4.37.2 (a), above. (c) The maximum number of bedrooms permitted in an Owner Occupied Short-Term Rental shall be 3; (d) The number of guests permitted to stay in an Owner Occupied Short-Term Rental shall be in accordance with the requirements of the Building Code Act, 1992, S.O. 1992, c. 23, as amended, and the regulations promulgated thereunder to a maximum of 6 guests; (e) An Owner Occupied Short-Term Rental shall require a license issued by the City of Niagara Falls, that must be kept current and maintained in good standing; (f) The Owner must be present on the property for the entire duration of the rental period; (g) Every reference to a Zone in clause (b) of section 4.37.2 shall be deemed to include any zone described in Section 19 of the by-law that is derived from the zones listed in clause (b) of section 4.37.2; (h) Parking and access requirements shall be in accordance with section 4.19.1; and (i) No Owner Occupied Short-Term Rental shall be located closer than 150 metres from another Owner Occupied Short-Term Rental. For the purposes of this section, 150 metres shall be measured from the property line.” 5. That SECTION 5.5 HOME OCCUPATIONS of By-law No. 79-200 is amended by adding the following subsection: “5.5.1 Notwithstanding Section 5.5, Owner Occupied Short-Term Accommodations are considered home occupations and shall be permitted in accordance with Section 4.37.” Page 468 of 546 6. That SECTION 7.1.1 PERMITTED USES of By-law No. 79-200 is amended as follows: a) That section (e) is amended by adding “.1” after “4.37” so that it reads: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37.1” b) That the following subsection be added: “(g) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” 7. That SECTION 7.2.1 PERMITTED USES of By-law No. 79-200 is amended as follows: a) That section (e) is amended by adding “.1” after “4.37” so that it reads: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37.1” b) That the following subsection be added: “(g) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” 8. That SECTION 7.3.1 PERMITTED USES of By-law No. 79-200 is amended as follows: a) That section (e) is amended by adding “.1” after “4.37” so that it reads: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37.1” b) That the following subsection be added: “(g) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” 9. That SECTION 7.4.1 PERMITTED USES of By-law No. 79-200 is amended as follows: a) That section (e) is amended by adding “.1” after “4.37” so that it reads: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37.1” b) That the following subsection be added: “(g) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” Page 469 of 546 10. That SECTION 7.5.1 PERMITTED USES of By-law No. 79-200 is amended as follows: a) That section (e) is amended by adding “.1” after “4.37” so that it reads: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37.1” b) That the following subsection be added: “(g) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” 11. That SECTION 7.5A.1 PERMITTED USES of By-law No. 79-200 is amended as follows: a) That section (e) is amended by adding “.1” after “4.37” so that it reads: “(e) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37.1” b) That the following subsection be added: “(g) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” 12. That SECTION 7.7.1 PERMITTED USES of By-law No. 79-200 is amended as follows: a) That section (g) is amended by adding “.1” after “4.37” so that it reads: “(g) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37.1” b) That the following subsection be added: “(i) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” 13. That SECTION 7.8.1 PERMITTED USES of By-law No. 79-200 is amended as follows: a) That section (i) is amended by adding “.1” after “4.37” so that it reads: “(i) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37.1” b) That the following subsection be added: “(k) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” Page 470 of 546 14. That SECTION 7.9.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following subsection: “(i) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” 15. That SECTION 7.16.1 PERMITTED USES of By-law No. 79-200 is amended by adding the following subsection: a) That section (g) is amended by adding “.1” after “4.37” so that it reads: “(g) A bed and breakfast in a detached dwelling, that complies with the provisions set out in section 4.37.1” b) That the following subsection be added: “(i) An Owner Occupied Short-Term Rental that complies with the provisions set out in section 4.37.2.” Read a First, Second and Third time; passed, signed and sealed in open Council this 8th day of July, 2025. ....................................................................... .................................................................. MARGARET CORBETT, DEPUTY CLERK JAMES M. DIODATI, MAYOR Page 471 of 546 1 CITY OF NIAGARA FALLS By-law No. 2025-033 A by-law to amend the City’s Vacation Rental Unit and Bed and Breakfast Establishment Licensing By-law No. 2021-57 to include Owner Occupied Short-Term Rentals. WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, as amended hereinafter referred to as the “Municipal Act” provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising the authority under the Act; AND WHEREAS Section 8 (3) of the Municipal Act, authorizes a municipality to provide for a system of licences; AND WHEREAS Section 9 of the Municipal Act, provides that Section 8 and Section 11 shall be interpreted broadly so as to confer broad authority on municipalities to: (a) enable municipalities to govern their affairs as they consider appropriate; and (b) enhance their ability to respond to municipal issues; AND WHEREAS Section 11 (2), paragraph 6 of the Municipal Act, authorizes a municipality to pass a by-law respecting the health, safety and well-being of persons; AND WHEREAS Section 151 of the Municipal Act, provides that a municipality may provide for a system of licences with respect to a business and may: (a) prohibit the carrying on or engaging in the business without a licence; (b) refuse to grant a licence or to revoke or suspend a licence; (c) impose conditions as a requirement of obtaining, continuing to hold or renewing a licence; (d) impose special conditions on a business in a class that have not been imposed on all the businesses in that class in order to obtain, continue to hold or renew a licence; (e) impose conditions, including special conditions, as a requirement of continuing to hold a licence at any time during the term of the licence; and (f) licence, regulate or govern real and personal property used for the business and the persons carrying it on or engaged in it; AND WHEREAS Section 23.1 of the Municipal Act, authorizes a municipality to delegate its powers and duties; AND WHEREAS the Council of the Corporation of the City of Niagara Falls enacted By- law No. 2021-57 on May 11, 2021 to regulate and license Vacation Rental Units and Bed and Breakfast Establishments within the City of Niagara Falls; AND WHEREAS the Council of the Corporation of the City of Niagara Falls approved Official Plan Amendment 180 and Zoning By-law No. 2025-032 on July 8th, 2025, to allow for Owner Occupied Short-Term Rentals in residential areas; Page 472 of 546 2 AND WHEREAS the Council of the Corporation of the City of Niagara Falls deems it necessary and expedient to amend By-law No. 2021-57 to include Owner Occupied Short- Term Accommodations in the City of Niagara Falls; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1) That Section 1. DEFINITIONS of By-law No. 2021-57 is amended by adding the following definitions alphabetically: i) "Duplex Dwelling" means a building divided horizontally into two primary dwelling units, each with an entrance to the exterior that is independent or through a vestibule; ii) “Lodging Unit” means a dwelling or dwelling unit provided for rent or hire, which is designed to be used as sleeping accommodation for the travelling or vacationing public; iii) “Owner Occupied” means a Principal Residence occupied, on a full-time basis, by the registered Owner of the property on which the Principal Residence is located as recorded and maintained in the records of the Registry Office for the Land Titles Division of Niagara South; iv) "Owner Occupied Short-Term Accommodation" means an Owner Occupied Short-Term Rental or a Bed and Breakfast but shall not include a Vacation Rental Unit; v) “Owner Occupied Short-Term Rental” means a home occupation in a dwelling unit within or accessory to a Principal Residence that is rented out by the Owner to a single group of the travelling public for a period of 28 consecutive days or less and is licensed by the City of Niagara Falls to carry out a business;” vi) "Semi-Detached Dwelling” means a building divided vertically into two primary dwelling units, each with an independent entrance to an exterior. (from Zoning Bylaw) 2) That Section 1. DEFINITIONS of By-law No. 2021-57 is amended by deleting the definition for “Bed and Breakfast Establishment” and replacing it as follows: “Bed and Breakfast” means a home occupation that provides guest rooms and breakfast to the travelling and vacationing public and is licensed by the City of Niagara Falls to carry on business; 3) That Section 1. DEFINITIONS of By-law No. 2021-57 is amended by deleting the definitions for “Guest Room”, “Home Occupation”, “Licence”, “Owner”, “Principal Residence” and “Vacation Rental Unit” and replacing them as follows: “Guest Room” means a room or suite of rooms which is capable of being rented separately to the travelling and vacationing public and does not have any cooking facilities; Page 473 of 546 3 “Home Occupation” means any occupation, except the keeping of boarders or roomers, which is carried on within a dwelling or dwelling unit in compliance with the provisions of this Bylaw, and which is clearly incidental and secondary to the use of such dwelling or dwelling unit as a private residence, including but not limited to Owner Occupied Short-Term Accommodations. “Licence” means a City of Niagara Falls business licence issued pursuant to the City’s Licensing By-law; “Owner” means the owner of a lot as recorded in the records of the Registry Office for the Land Titles Division of Niagara South maintained in that Office for that lot; “Principal Residence” means an Owner’s permanent place of residence, pursuant to the Income Tax Act; “Vacation Rental Unit” means the commercial use of a detached dwelling or dwelling unit that is available for rent in its entirety for a period of 28 consecutive days or less, to provide temporary lodging to a single group of the travelling and vacationing public and is licenced by the City of Niagara Falls to carry out business; 4) That Section 2. GENERAL AND PROHIBITIONS of By-law 2021-57 is amended as follows: i) Subsection 2.2, is deleted and replaced as follows: “This by-law may be referred to as the “Vacation Rental Unit and Owner Occupied Short-Term Accommodation Licensing By-law”. ii) Subsection 2.3 is deleted and replaced as follows: “No Person shall own or operate or permit the operation of a Vacation Rental Unit without a current valid licence.” iii) Subsection 2.4 is deleted and replaced as follows: “No Person shall own or operate or permit the operation of an Owner Occupied Short-Term Accommodation without a current valid licence.” iv) Subsection 2.5 is deleted and replaced as follows: “No Person shall own or operate a Vacation Rental Unit or an Owner Occupied Short-Term Accommodation other than in accordance with the terms and conditions of a licence, the terms and conditions of this By-law.” v) Subsection 2.7 is deleted and replaced as follows: “No Person shall advertise, promote, broker, or offer for rent an Owner Page 474 of 546 4 5) 6) 7) 8) 9) That the City Clerk is authorized to effect any minor modifications, corrections or omissions solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law after the passage of this by-law. 10) This By-law will become effective the day following the final day of appeal of Official Plan Amendment No. 180 and Zoning By-law No. 2025-032, provided no appeals are received. Occupied Short-Term Accommodation without a current valid licence.” vi) Subsection 2.15 is deleted and replaced as follows: “No Person licensed under this By-law shall, because of race, colour, creed, gender or sexual orientation, discriminate against any member of the public in the carrying on, conducting or operating of an Owner Occupied Short-Term Accommodation or a Vacation Rental Unit. vii) A new subsection 2.16 is added as follows: “No Person renting an Owner Occupied Short-Term Accommodation shall sublet the accommodation to another person or party, meaning an Owner Occupied Short Term Accommodation contract is non-transferable. That Section 4 LICENCES of By-law No. 2021-57 is amended as follows: i)A new subsection 4.13 is added as follows: “A licence for an Owner Occupied Short-Term Rental shall not be issued if the subject property is located closer than 150 metres from another Owner Occupied Short-Term Rental. For the purposes of this section, 150 metres shall be measured from property line to property line.” That Section 11 AUTOMATIC INITIATION OF REVOCATION AND REFUSAL TO RENEW of By-law No. 2021-57 is amended as follows: i)Subsection 11.1 is deleted and replaced as follows: “A Licence Issuer shall refuse to issue or revoke an Owner Occupied Short- Term Accommodation licence or a Vacation Rental Unit licence in accordance with the provisions of this By-law where the City has determined three (3) valid violations have occurred or three (3) convictions have been registered and occurred at the property within a one (1) year period.” That Schedule B to By-law 2021-57 is repealed and that Schedule B attached hereto shall be inserted in lieu thereof. All other applicable provisions and regulations set out in By-law No. 2021-57 shall remain the same and shall continue to apply, with the necessary changes in detail. Page 475 of 546 5 Read a First, Second and Third time; passed, signed and sealed in open Council this 8th day of July, 2025. ....................................................................... ..................................................................... MARGARET CORBETT, DEPUTY CLERK JAMES M. DIODATI, MAYOR Page 476 of 546 THE CORPORATION OF THE CITY OF NIAGARA FALLS SCHEDULE B TO BY-LAW 2021-57 as amended by BY-LAW 2025-033 1. In addition to the licensing requirements set out in Section 3.1 of this By-law an Applicant for an Owner Occupied Short-Term Accommodation Licence shall submit the following as required below: (a) Confirmation from the Fire Chief dated within the previous sixty (60) days stating the premises are in compliance with the Fire Protection and Prevention Act, and the policies of the Niagara Falls Fire Department respecting an Owner Occupied Short-Term Accommodation; (b) If the premises is on private water supply and/or sewage disposal, a certificate from the Medical Officer of Health dated within sixty (60) days stating that the premises has services adequate for the Owner Occupied Short-Term Accommodation. (c) A certificate from the Medical Officer of Health dated within sixty (60) days stating that the premises has been inspected and is in compliance with the Health Protection and Promotion Act, R.S.O. 1990, c. H. 7, as amended, and its regulations. (d) A site plan and floor plans outlining the portion of the premises to be used as an Owner Occupied Short-Term Accommodation and demonstrating the premises: i) conforms with the City’s Zoning By-law. (e) Certificate from the Electrical Safety Authority dated within the previous 2 years stating the premises are in compliance with the Electrical Safety Code; 2. In addition to the licensing requirements set out in Section 3.1 of this By-law the issuing of an Owner Occupied Short-Term Accommodation Licence or renewal of an Owner Occupied Short-Term Accommodation Licence is subject to the following: (a) Documentation that the owner uses the premises as its principal residence; (b) Proof of insurance by way of certificate of insurance showing a minimum limit of two million dollars ($2,000,000) in commercial general liability for an Owner Occupied Short-Term Accommodation for the term of the licence with an endorsement that notice in writing at least thirty (30) days prior to cancellation, expiration, or variation thereof will be given to the City by the insurance underwriter. 3. In addition to the licensing requirements set out in section 3 of this By-law the issuing of an Owner Occupied Short-Term Accommodation Licence or renewal of an Owner Occupied Short-Term Accommodation Licence is subject to the following: (a) Compliance with the: i) City’s Zoning By-law; ii) Fire Protection and Prevention Act; iii) Building Code Act. Page 477 of 546 2 TERMS AND CONDITIONS 4. A Licensee of an Owner Occupied Short-Term Accommodation shall: (a) be on site at the premises during the stay of a Renter; (b) display the licence in a conspicuous place on the licensed premises in close proximity to the entrance of the premises and visible to the public at all times; (c) display the licence in a prominent place on the interior of the licensed premises; (d) display a statement of the fee to be charged for each guest room and the check- out time in a prominent place on the interior of the licensed premises and in each guest room; (e) post the Fire Safety Instructions that is plaqued or framed, that depicts the location of each bedroom, smoke alarm, extinguisher, exit/egress doors or windows on the premises to the satisfaction of the City. (f) be responsible for the operation of the premises, the conduct of the renter and the occupants of the premises. 5. Every person who owns or operates an Owner Occupied Short-Term Accommodation shall: (a) operate the premises in accordance with the City’s: i) Property Standards By-law; ii) Zoning By-law; iii) Sign By-law; iv) Litter, Maintenance of Lands By-law; v) Noise By-law; vi) any other By-laws; vii) any Federal and Provincial legislation; (b) keep a register that keeps record of the following: i) name and home address of the Renter; ii) the date of entry; iii) the length of stay of a Renter; (c) maintain the records required by subsection (b) for a minimum of two (2) years; (d) include the current Licence Number on all: i) advertisement and promotional materials; ii) website; iii) contracts and agreements entered into with a Renter. Page 478 of 546 CITY OF NIAGARA FALLS By-law No. 2025-034 A by-law to amend By-law No. 2025-47 to include fees related to owner occupied short- term accommodations. WHEREAS it has been the municipality’s practice to consolidate fees and charges in a booklet for the ease of the public; AND WHEREAS the Council of the City of Niagara Falls approved Official Plan Amendment 180 and Zoning By-law No. 2025-032 on July 8, 2025 to allow for Owner Occupied Short-Term Rentals; AND WHEREAS the Council of the City of Niagara Falls considers it desirable to amend By-law No. 2025-47 to include fees related to the licensing of Owner Occupied Short-Term Accommodations in the City of Niagara Falls; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That Schedule “A” to By-law No. 2025-47 is amended by removing Schedule “A” and replacing it with Schedule “A” attached to this by-law. 2. All other applicable provisions and regulations set out in By-law No. 2025-47 shall remain the same and continue to apply. 3. That the City Clerk is authorized to effect any minor modifications, corrections or omissions solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law after the passage of this by-law. 4. This by-law will become effective the day following the final day of appeal of Official Plan Amendment No. 180 and Zoning By-law No. 2025-032, provided no appeals are received. Read a First, Second and Third time; passed, signed and sealed in open Council this 8th day of July, 2025. ....................................................................... .................................................................. MARGARET CORBETT, DEPUTY CLERK JAMES M. DIODATI, MAYOR Page 479 of 546 Schedule of Fees January 1, 2025 1 Page 480 of 546 3-4 Finance Water Rates 5 Water/Tax fees 6 Legal 7 Business Development 7 Planning, Building & Development Planning Official Plan Amendment/Zoning by-law Amendment/Site Plan Amendment 8 Committee of Adjustment/Publications/CIP's 9 Building Occupancies 10-11 Building Stand Alone Permit Fees 12-13 Demolition/Administration Fees 14 Sign/Pool Permits, Deposits, Lot Grading, Refunds 15 Municipal Enforcement & Property Standard Fees/Other Applicable Fees 16 Development Charges 17 Parking 18 Municipal Works Water/Sewer Fees 19-20 Subdivision & Vacant Land Condominium and Deposits/Administrative Fees 21 Forestry/Curb & Sidewalk Alterations 22 Traffic 23 Fire Inspections/Approvals/Permits/Products/Misc.24-25 Training/Public Education Services/Fire Protection Services 26 Cemeteries Interment Rights/Fees/Services 27 Dis-Interment Services/Administration Services 28 Products/Memorial Program/Foundation/Marker/Installation Services 29 Notes 30 Recreation, Culture & Facilities Ice/Floor Rentals 31 Special Event Rental Rates 32 Room Rentals (MacBain Community Centre)33 MacBain Community Centre - Indoor Play Structure/Birthday Parties 34 Older Adults (MacBain Community Centre) Program & Rental Fees 35 Aquatics (MacBain Community Centre) 36 Room Rentals (Gale Centre/Chippawa Arena)/Public Skating 37 Playing Fields 38 Museum Fees 39-40 Niagara Falls Exchange Fees/Rentals 41-42 Clerks Department Table of Contents 2 Page 481 of 546 Licence $ Rate $ HST Expiration Date Amusement Place, etc. 45.00 N/A April 30 Auctioneers 65.00 N/A December 31 Bake Shops 30.00 N/A December 31 Barber Shops, Hair Dressing & Esthetician Establishments 30.00 N/A December 31 Bill & Sign Posting and Installation 100.00 N/A December 31 Billiard, Bagatelle & Pool Establishments 70.00 N/A December 31 Billiard, Bagatelle & Pool Establishments - plus rate per table 20.00 N/A December 31 Bowling Alleys - per lane 20.00 N/A December 31 Butchers 30.00 N/A December 31 Camping Establishments 110.00 N/A December 31 Commercial Parking Lots 100.00 N/A December 31 Driving Schools 60.00 N/A December 31 Driving Instructors 25.00 N/A December 31 Exhibitions, etc. 45.00 N/A December 31 Flea Markets for first 3 consecutive days 650.00 N/A December 31 Flea Markets - additional rate per day 100.00 N/A To a maximum of $1,150 in one calendar year Food Premises 30.00 N/A December 31 Laundrymen, Laundry Companies, Dry Cleaners, etc. 30.00 N/A December 31 Motels per room 40.00 N/A April 30 Motels Plus rate per room 5.00 N/A April 30 Pawn Brokers 110.00 N/A December 31 Pedlars - Resident 110.00 N/A December 31 Pedlars - Non-resident 650.00 N/A December 31 Photographers - Resident 65.00 N/A December 31 Photographers - Non-resident 140.00 N/A December 31 Public Garages 30.00 N/A December 31 Public Auto Service Stations 30.00 N/A December 31 Public Hall Grade 1 - Capacity 1,000+45.00 N/A December 31 Public Hall Grade 2 - Capacity 600-999 40.00 N/A December 31 Public Hall Grade 3 - Capacity 300-599 35.00 N/A December 31 Public Hall Grade 4 - Capacity 299-under 30.00 N/A December 31 Refreshment Vehicles - Motorized 185.00 N/A April 30 Refreshment Vehicles - Non-Motorized 100.00 N/A April 30 Restaurants 40.00 N/A December 31 Specific Location Daily Sales - Resident 150.00 N/A To a maximum of $1,000 in one calendar year Specific Location Daily Sales - Non-Resident (for 1st day)500.00 N/A N/A Plus additional rate per day 100.00 N/A N/A Charitable Groups - for first 3 days 325.00 N/A To a maximum of $575 in one calendar year Plus additional rate per day 50.00 N/A N/A Tattoo and Body Piercing Parlours 100.00 N/A December 31 Theatres 110.00 N/A December 31 Tourist Homes, Bed & Breakfasts 65.00 N/A April 30 Second Level Lodging 200.00 N/A December 31 Group Homes 25.00 N/A December 31 First year Administrative Fee on all Licences 25.00 N/A N/A Clerks Department 3 Page 482 of 546 Marriage Licence Fees $ Rate $ HST Expiration Date Marriage Licence (payable at the time of application)160.00 N/A N/A Seasonal Business Services Licences $ Rate $ HST Expiration Date Seasonal Business Services Licence 1,200.00 N/A Valid from Victoria Day weekend until Canadian Thanksgiving Monthly Seasonal Business Service Licence 300.00 N/A Valid for four (4) consecutive weeks. Civil Marriage Ceremony Fees $ Rate $ HST Total FOR RESIDENTS OF NIAGARA FALLS: Civil Marriage in or at City Hall i.e. Council Chambers during business hours $200.00 City Administration Fee (non-refundable) $250.00 Officiant fee(1) 450.00 58.50 508.50 FOR NON-RESIDENTS OF NIAGARA FALLS: Civil Marriage in or at City Hall i.e. Council Chambers during business hours $500.00 City Administration Fee (non-refundable) $250.00 Officiant fee(1) 750.00 97.50 847.50 FOR RESIDENTS OF NIAGARA FALLS: Civil Marriage off- site in Ontario and/or outside of business hours $200.00 City Administration Fee (non-refundable) plus $250.00 Officiant fee(2) 450.00 58.50 508.50 FOR NON-RESIDENTS OF NIAGARA FALLS: Civil Marriage off-site in Ontario and/or outside of business hours $500.00 City Administration Fee (non-refundable) plus $250.00 Officiant fee(2) 750.00 97.50 847.50 Rehearsal Fee(1)(2) (plus Officiant expenses)75.00 9.75 84.75 Witness Fee (Municipal Staff - per employee) during business hours (if required)25.00 3.25 28.25 Cleaning Fee (if required)100.00 13.00 113.00 Milage/Expenses - outside of business hours: mileage charge at current rate as approved by Council; applicable expenses as agreed upon by both parties, i.e. meals, accomodations (1) Where a ceremony is performed by a Marriage Offciant who is an employee of the City, the Marriage Officiant Fee is retained by the City of Niagara Falls (2) Payment of the City's portion of applicable fees is mandatory and shall not be waived by the Clerk or Designated Officiant. The Marriage Officiant may , at their sole discretion, waive the portion of the fees (Officiant/Mileage/Expenses) which would otherwise be payable to them (3) All applicable insurance coverage shall be the responsibility of the couple and the City shall be provided with the applicable documentation, including the use of City Hall. Additional Notes: 1. Additional rental fees may apply for the use of other locations outside of City Hall. Bookings for any other facility is the responsibility of participants to make appropriate arrangements and payment for a facility to be utilized for the Marriage Ceremony. 2. Fees do not include the Marriage Licence Fee which is established by by-law and my be amended from time to time. 3. All marriage ceremonies shall be performed in accordance with the City's Civil Marriage Soleminization Policy. Short-Term Rentals $ Fee $ HST $ Total Vacation Rental Units, Bed & Breakfast or Owner Occupied Short-Term Rentals-new licence or ownership change*500.00 N/A 500.00 Renewal of Vacation Rental Units, Bed & Breakfast or Owner Occupied Short-Term Rentals (annual)*250.00 N/A 250.00 *this fee includes the Fire Inspection Fee Council Code of Conduct $ Rate $ HST Expiration Date Filing Fee 500.00 N/A N/A Note: In the event that the Integrity Commissioner determines that a complaint is frivolous, vexatious, contains sufficient grounds to support an investigation, or that it is determined that no violation occurred, that the complainant shall forfeit the filing fee of $500. If the Integrity Commissioner finds there are sufficient grounds to support an investigation, 50% of the filing fee shall be refunded. Clerks Department Page 483 of 546 Water Rates Consumption Charge Water Sewer Rate Table for Monthly Service Charges Meter Size Water $ Fee Sewer $ Fee 15 millimeters (5/8")22.64 27.19 18 millimeters (3/4")22.64 27.19 25 millimeters (1")35.09 42.15 37 millimeters (1 1/2")87.17 104.69 50 millimeters (2")164.15 197.14 75 millimeters (3")316.99 380.68 100 millimeters (4")549.06 659.40 150 millimeters (6")1,075.49 1,291.61 200 millimeters (8")1,794.36 2,154.94 250 millimeters (10")2,575.51 3,093.06 Flat Rate Table for Monthly Service Charges Flat Rate Monthly Charges Water $ Fee Sewer $ Fee Monthly Charges 51.64 58.13 Flat Rate New Construction Monthly Charges Water $ Fee Sewer $ Fee New Construction Monthly Charges 25.90 26.99 Residential Reluctant Monthly Charges Water $ Fee Sewer $ Fee Reluctant Monthly Charge 154.92 174.39 *Rates displayed assumes payment on or before due date. Payments received subsequent to due dates are subject to a Late Payment Charge of 1.25% to be added to the water account at the beginning of each month. The Municipal Act provides the City with the authority to transfer unpaid water/sewer charges to the property tax account of the owner. A processing fee of $30 is charged on each account transferred to taxes due to non-payment. Finance Rate $1.394 per cubic meter $1.713 per cubic meter 5 Page 484 of 546 Water $ Fee $ HST $ Total New Account Set Up Fee 30.00 N/A 30.00 Collection Charge - overdue water bills 30.00 N/A 30.00 Water Information per property 20.00 N/A 20.00 Meter Data Fee 30.00 N/A 30.00 Administration Fee for Water Arrears Transferred to Outside Collection Agency 30.00 N/A 30.00 Water Bill Reprint 20.00 N/A 20.00 Water Bill Statement of Account - Current Year no charge N/A 0.00 Water Bill Statement of Account - One Year & Prior 15.00 N/A 15.00 Transfer Fee between accounts (first time free)20.00 N/A 20.00 Transfer to /from tax (first time free)20.00 N/A 20.00 Refund on Credit on Water Account (first time free)20.00 N/A 20.00 For water shut-off fees, please refer to our Municipal Works: Water fees on page 20. Tax Information $ Fee $ HST $ Total Tax Certificate per property 75.00 N/A 75.00 Tax Information per property 45.00 N/A 45.00 Registration Fees - Mortgage Letter 50.00 N/A 50.00 Registration Fees - Debt Farm Letter 50.00 N/A 50.00 Registration Fees - Final Letter 50.00 N/A 50.00 Interest/Penalty on Tax Arrears 1.25%N/A 1.25% Extension Agreements 500.00 N/A 500.00 Personal Tax Information Copy - Current Year no charge N/A no charge Personal Tax Information Copy - One Year and prior 15.00 N/A 15.00 Personal Tax Information Copy - Prior to 1990 100.00 N/A 100.00 Mortgage Company Administration Fee 15.00 N/A 15.00 Tax Bill Reprint 20.00 N/A 20.00 Transfer Fee to tax account - internal (arrears transfer fee to tax account)30.00 N/A 30.00 Transfer Fee to tax account - external 50.00 N/A 50.00 Refund Credit on Tax Account (first time free)20.00 N/A 20.00 Transfer to/from water account (first time free)20.00 N/A 20.00 Transfer to/from tax account (first time free)20.00 N/A 20.00 Tax Reminder Notices 5.00 N/A 5.00 Licences $ Fee $ HST $ Total Dog Licence - Neutered 20.00 N/A 20.00 Dog Licence - Non-Neutered 40.00 N/A 40.00 Miscellaneous $ Fee $ HST $ Total Returned Cheque Fee - per account 40.00 N/A 40.00 Ownership Change Request 20.00 N/A 20.00 Rush Tax Certificates 125.00 N/A 125.00 New Roll Creation 40.00 N/A 40.00 Information Systems - GIS $ Fee $ HST $ Total Owner requested civic address changes 314.29 40.86 355.15 Finance 6 Page 485 of 546 Description $ Fee*$ HST $ Total Preparation of Subdivision Agreement 3,500.00 N/A 3,500.00 Preparation of Development Agreement 3,500.00 N/A 3,500.00 Preparation of Condominium Agreement 3,500.00 N/A 3,500.00 Preparation of Site Plan Agreement 1,500.00 N/A 1,500.00 Preparation of Amending Site Plan Agreement 650.00 N/A 650.00 Preparation of Section 37 Agreement 1,000.00 N/A 1,000.00 Preparation of Conservation Easement Agreement 750.00 N/A 750.00 Preparation of Encroachment Agreement 500.00 N/A 500.00 Preparation of Easement Agreement 500.00 N/A 500.00 Preparation of Lease/Licence Agreement with the City 500.00 65.00 565.00 Preparation of Release of Easement 150.00 N/A 150.00 Preparation of Amending Encroachment Agreement/Assignment of Encroaching Agreement 250.00 N/A 250.00 Preparation of Registration Document for Part Lot Control By-Law 200.00 N/A 200.00 Preparation of Registration Document for Deeming By-law 200.00 N/A 200.00 Preparation of Registration & Discharge for Property Standards Order 150.00 N/A 150.00 Preparationof all other Agreements 1,500.00 N/A 1,500.00 Preparation of Release and/or Discharge of Agreement 150.00 N/A 150.00 Processing of Air Rights Easement 500.00 N/A 500.00 Processing of Conveyance of Lands for Road Widening/Daylighting Triangle 250.00 N/A 250.00 Processing of Dedication/Lifting of Reserve Blocks 250.00 N/A 250.00 Processing of request to Encroach on City Owned Property - Residential 250.00 N/A 250.00 Processing of request to Encroach on City Owned Property - Commercial 500.00 N/A 500.00 Request to Purchase Property that has not been previously declared surplus 500.00 N/A 500.00 Deposit for Appraisal & Reference Plan costs associated with approved purchase of property that has not been previously declared surplus 5,000.00 N/A 5,000.00 Processing of Request to Lease/Licence City Owned Property 500.00 N/A 500.00 Preparation of Registration Document for All Other Agreements 200.00 N/A 200.00 Processing of Request for an Easement over City Lands 500.00 N/A 500.00 Preparation of Amending Subdivision Agreement, Amending Condominium Agreement or Amending Development Agreement 1,500.00 N/A 1,500.00 Preparation of Amending Section 37 Agreement 750.00 N/A 750.00 Preparation of Registration Document for All Other Agreements 200.00 N/A 200.00 *The above fees are subject to Applicable Disbursements and Registration Costs and are at the discretion of the City Solicitor Description $ Fee*$ HST $ Total Stanley Ave. Business Park Assoc. Annual Sign Fee for Third Party Advertising (for 4 panels)500.00 65.00 565.00 Term: October 1, 2024 to September 30, 2025 Payment Due Date: September 1, 2024 Legal Business Development 7 Page 486 of 546 Regional Official Plan Amendment $ Fee*$ HST $ Total 20,500.00 20,500.00N/A 63,630.00ROPA: Urban Area Boundary Expansion 63,630.00N/A N/A128,710.00ROPA: To establish pit or quarry 128,710.00 Official Plan Amendment $ Fee*$ HST $ Total 24,957.00Major (review of 4 or more studies) 24,957.00N/A 18,860.00Standard (under 4 studies) 18,860.00N/A More than two (2) submissions of plans & studies for review $1,587.00 for each subsequent submission N/A $1,587.00 for each subsequent submission Aggregate Resource Extraction Full Cost Recovery ($16,707.00 deposit) N/A Full Cost Recovery ($16,707.00 deposit) N/A15,225.00Secondary Plan - Privately Initiated 15,225.00 Preconsultation $ Fee*$ HST $ Total 1,586.00N/A1,586.00Preconsultation Fee (consent) 3,070.00N/A3,070.00All other applications (includes concurrent consent & site plan requests) More than two (2) submissions of a concept for review/preparation of a second checklist $1,586.00 for each subsequent submission N/A $1,586.00 for each subsequent submission Zoning By-Law Amendment $ Fee*$ HST $ Total 20,729.00High Rise Hotels (10 Storeys or more) 20,729.00N/A 19,149.00Complex (review of 4 or more studies required for the application) 19,149.00N/A 14,371.00Standard 14,371.00N/A 9,385.00Minor (PJR only) 9,385.00N/A 13,257.00Request for a Minister's Zoning Order (MZO)/Review of Ministry Initiated MZO 13,257.00N/A 2,225.00Request to lift a Holding (H) Regulation 2,225.00N/A More than two (2) submissions of plans & studies for review $1,586.00 for each subsequent submission N/A $1,586.00 for each subsequent submission Official Plan & Zoning By-Law Amendment (Combined)$ Fee*$ HST $ Total 35,887.00N/A35,887.00High Rise Buildings (greater than 10 storeys) 31,643.00N/A31,643.00Combined Major (4 or more full studies required for review of the application) 26,339.00N/A26,339.00Combined Standard More than 2 submissions of plans & studies for review $2,647.00 for each subsequent submission N/A $2,647.00 for each subsequent submission Site Plan Amendment $ Fee*$ HST $ Total 13,309.00High Rise Buildings (greater than 10 storeys) 13,309.00N/A 10,127.00All Other Lands 10,127.00N/A 3,390.00Amendment to Site Plan Agreement 3,390.00N/A Site Plan Resubmission (after 2 submissions within 1 year of original application) $3,390.00 for each subsequent submission N/A $3,390.00 for each subsequent submission Plan of Subdivision $ Fee*$ HST $ Total 19,008.00Draft Plan (Base fee) 19,008.00N/A 26.00Plus per dwelling unit fee 26.00N/A 6,138.00Modifications to Draft Plan Approval 6,138.00N/A 3,236.00Extension to Draft Plan Approval 3,236.00N/A 9,013.00More than two (2) submissions of plans & studies for review 9,013.00N/A Plan of Condominium $ Fee*$ HST $ Total 14,944.00Vacant Land Condomiunium (VLC) 14,944.00N/A 26.00Plus per dwelling unit fee 26.00N/A 12,731.00Conversion 12,731.00N/A 13,450.00Standard/Common Element 13,450.00N/A 2,741.00Extension of Draft Plan 2,741.00N/A 4,271.00Modification of Draft Plan - Vacant Land Condominium 4,271.00N/A 4,271.00Modification of Draft Plan - Standard/Conversion 4,271.00N/A 3,183.00Exemption to Condominium Draft Plan Approval 3,183.00N/A More than two (2) submissions of plans & studies for review $7,416.00 for each subsequent submission N/A $7,416.00 for each subsequent submission Part Lot Control $ Fee*$ HST $ Total 1,586.00Part lot control semi-detached/on-street townhouse units for the first lot/block 1,586.00N/A 525.00Part Lot Control - each additional lot/block 525.00N/A 2,225.00Part Lot Control - all other types for the first lot 2,225.00N/A 1,267.00Deeming by-law (no fee when combined with a zoning amendment) 1,267.00N/A Public Notification $ Fee*$ HST $ Total 425.00Mailing Re-notification 425.00N/A 1,061.00Reassessment requiring a further report 1,061.00N/A Actual CostN/AActual CostNewspaper re-notification ($600 deposit payable with application) Notes: Additional fees are required for Regional Planning review of most applications. Additional fees may be required for Niagara Peninsula Conservation Authority and Regional Niagara Health Department review, where applicable. Notes: Additional fees from the Legal Department are required for applications requiring agreements and registrations of some by-laws. Planning, Building & Development Municipal Works - Administration Fee - 3.75% and Inspection Fee-3.10% (on construction value) Municipal Works - Administration Fee - 3.75% and Inspection Fee-3.10% (on construction value) 8 Regional Official Plan Amendment Page 487 of 546 Committee of Adjustment $ Fee $ HST $ Total Consent Application 4,850.00 N/A 4,850.00 Each application consent application for the same lands 948.00 N/A 948.00 Consent Application to separate two existing units 3,811.00 N/A 3,811.00 Change of Conditions 795.00 N/A 795.00 Minor Variance 2,205.00 N/A 2,205.00 Re-notification/Rescheduling (consent/minor variance)425.00 N/A 425.00 Concurrent Consent/Minor Variance Application 4,955.00 N/A 4,955.00 Additional Fee for calling of a Special Meeting to address an application 580.00 N/A 580.00 Environmental Matters $ Fee $ HST $ Total Environmental Impact Study - Major Review (3 or more features) 2,750.00 N/A 2,750.00 Environmental Impact Study - Minor Review (2 or less features) 2,100.00 N/A 2,100.00 Environmental Impact Study - Second Submission/Addendum 625.00 N/A 625.00 Review of Restoration Plan 848.00 N/A 848.00 Review of Tree Preservation Plan 565.00 N/A 565.00 Review of Monitoring Plan 848.00 N/A 848.00 Sign By-Law $ Fee $ HST $ Total Sign by-law Variance (no fee when combined with a zoning amendment)2,431.00 N/A 2,431.00 Sign by-law Amendment (no fee when combined with a zoning confirmation letter) 6,470.00 N/A 6,470.00 Sidewalk Cafes $ Fee $ HST $ Total Application for Sidewalk Café - 3 year licence (as per Council October 1, 2024)200.00 N/A 200.00 Sidewalk Café Licensing Fee per annum (to a maximum of $2,500) $15.00/m² of licensed area N/A $15.00/m² of licensed area Annual Sidewalk Café - Renewal fee 150.00 N/A 150.00 Compliance Letters $ Fee $ HST $ Total Site Plan Compliance Letter (no fee when combined with a zoning confirmation letter)240.00 N/A 240.00 Environmental Request Letter (no fee when combined with a zoning confirmation letter)240.00 N/A 240.00 Zoning Confirmation Letter 240.00 N/A 240.00 Zoning Review for Building Permit 240.00 N/A 240.00 Compliance Letter (for real estate/legal transactions)240.00 N/A 240.00 Heritage Status Inquiry 240.00 N/A 240.00 Telecommunication Tower Review 1,370.00 N/A 1,370.00 Publications $ Fee $ HST $ Total Official Plan 42.00 5.46 47.46 Zoning By-Law 79-200 (as amended) 42.00 5.46 47.46 Photocopying - 4 pages or more - black & white 0.28 0.04 0.32 Community Improvement Plans $ Fee $ HST $ Total Printed copy of CIP 10.00 1.30 11.30 Planning, Building & Development Page 488 of 546 Minimum Building Permit Charge 239.00 NEW BUILDINGS Group A - Assembly Occupancies Permit Fee per m2 All Recreational Facilities, Schools, Daycare Facilities, Libraries, Places of Worship, restaurants (finished), Theatres, Arenas Gymnasiums, Transit Stations, Bus terminals, Indoor Pools, and all other Group A Buildings 29.59 Open Public Swimming Pool 2,121.80 Flat fee Portable Classroom 970.72 Flat fee Assembly Building Shell 23.67 Assembly Building Interior Finish 12.61 Group B - Institutional Occupancies Permit Fee per m2 Institutional, Hospital, Medical Care Facilities, Nursing Homes, and all other Group B Buildings 29.59 Institutional Building Interior Finish 12.61 Group C - Residential Occupancies Permit Fee per m2 Single, Semi-Detached, Duplex Dwellings, Detached Accessory Dwelling Units 18.04 Townhouses, Row Housing 18.04 Stacked Townhouses, Multiple Dwellings up to fourplex 18.04 Hotel, Apartment buildings - 6 stories or less 19.72 Hotel, Apartment buildings - 7 stories or more 18.04 Motels, Boarding, Lodging or rooming house 19.72 Interior renovation, Finished basement, Interior accessory dwelling units 10.61 Heated additions to a house 18.04 Unheated additions to a house 12.82 Accessory Building (garage or shed)7.43 Attached Garage/Carport to an existing house 17.13 Covered Deck/Porch 7.43 Uncovered Deck/Porch 239.00 Flat Fee Mobile Homes 340.00 Flat Fee plus Uncertified Mobile Home (foundation included)6.82 Mobile Home Foundation 1.96 Group D - Business & Personal Service Permit Fee per m2 Office, Medical Building, Financial Institution and all other Group D Buildings Complete 29.59 Office, Medical Building, Financial Institution and all other Group D Buildings Shell 23.67 Office, Medical Building, Financial Institution and all other Group D Buildings Interior Finish 12.61 Group E - Mercantile Occupancies Permit Fee per m2 Retail Building Complete 29.59 Retail Building Shell 23.67 Retail Building Interior Finish 12.61 Restaurants Interior Finish (not greater than 30 persons)12.61 Planning, Building & Development 10 Page 489 of 546 Group F - Industrial Occupancies Permit Fee per m2 Industrial Buildings Complete 15.61 Industrial Buildings Shell 12.49 Industrial Buildings Interior Finish 9.38 Gas Bar Canopies 13.39 Car Washes 13.39 Parking Garage (underground, open air) 8.43 Farm Buildings 5.92 Green Houses non-residential 5.92 Site Services Plumbing Construction Outside of Building Permit Fee Sanitary and Storm Piping 239.00 Flat Fee Sanitary and Storm Piping 37.00 per additional 15m Manholes, catch basin 239.00 Flat Fee Domestic Water Supply 106.00 first 15m Domestic Water Supply 37.00 per additional 15m Fire Services Main 106.00 first 15m Fire Services Main 37.00 per additional 15m Geothermal for Houses 265.00 Flat Fee Geothermal Single for all other 265.00 Flat Fee Planning, Building & Development 11 Page 490 of 546 Building Stand Alone Permits for Alterations, Renovations & Repair Building Improvement Permit Fee Demising Wall 239.00 Flat Fee Building Envelope Replacement (Roofing, cladding, windows, waterproofing, etc.)398.00 Flat Fee Foundation Replacement 3.21 per sq. m Roof Structure Replacement 398.00 Flat Fee Concrete Restoration 398.00 Flat Fee Plumbing Building Construction Permit Fee Plumbing Systems Alterations 239.00 Flat Fee Grease, Oil Interceptor 239.00 Flat Fee Backflow valve, Backflow preventer, sump pumps 239.00 Flat Fee Replacement of Domestic Water lines and risers 239.00 Flat Fee Weeping Tile Replacement 239.00 Flat Fee Plumbing Fixtures 239.00 Flat Fee Fire Protection System & Life Safety Systems Permit Fee Electromagnetic Lock/Electric Strikes 239.00 Flat Fee Fire Alarm System 292.00 Flat Fee Fire Alarm Annunciator Panel 292.00 Flat Fee Life Safety Devices 292.00 Flat Fee Sprinkler System 292.00 Flat Fee Standpipe System 292.00 Flat Fee Mechanical System Permit Fee Commercial Cooking Exhaust System 292.00 Flat Fee Heating, Ventilation, Air Conditioning Roof Top Units (per unit)292.00 Flat Fee Heating, Ventilation, Air Conditioning Duct Work (per area)8.38 per sq. m Furnace or Hot Water Tank Replacement Unit (per unit)239.00 Flat Fee Boiler Replacement unit 239.00 Flat Fee Spray Booth 292.00 Flat Fee Miscellaneous Works Permit Fee Stages 318.00 Flat Fee Fire Place or Wood Stove 239.00 Flat Fee For categories not listed $15 per $1,000 of valuated construction cost or portion thereof Shoring 30.77 per linear metre Under Pinning 30.77 per linear metre Storage Rack as per 3.16 318.00 Flat Fee Roof Anchors 318.00 Flat Fee Re-Roofing of Buildings other than houses 398.00 Flat Fee Tiny Homes 12.82 per Sq. m Site Grading for Residential developments that are 10 units or less 318.00 Flat Fee Certified Model Homes Service 318.00 Flat Fee Trailer (construction site trailer, sea container)239.00 Flat Fee Designated Structures Permit Fee Communication Tower 318.00 Flat Fee Retaining Wall 318.00 Flat Fee Silo 318.00 Flat Fee Pedestrian Bridge/Walkway 318.00 Flat Fee Planning, Building & Development 12 Page 491 of 546 Outdoor Public Spa 504.00 Flat Fee Outdoor Public Swimming Pool 504.00 Flat Fee Satellite Dish 318.00 Flat Fee Designated Structures cont'd Permit Fee Air Supported Structure, Tent, Temporary Fabric Structure 318.00 Flat Fee Roof Sign with Face over 10m2 318.00 Flat Fee Pylon Sign over 7.5m in height 318.00 Flat Fee Projection Sign over 115kg in weight 318.00 Flat Fee Solar Panels 371.00 Flat Fee Crane Runway 318.00 Flat Fee Exterior Storage Tank 318.00 Flat Fee Wind Turbine Generator having a rated output more than 3kW 371.00 Flat Fee Conditional Permits Permit Fee Conditional Permit Agreement 530.00 Flat Fee Conditional permit Security Deposit (% of construction cost of phase being built)10% Condition Permit Stages: Site Servicing (% of construction cost of phase being built)100% Substructure (% of construction cost of phase being built)15% Superstructure (% of construction cost of phase being built)55% Building Envelope (% of construction cost of phase being built)80% Building Interior (% of construction cost of phase being built)100% 13 Page 492 of 546 Demolition Residential - Single, Semi-detached, Duplex Dwellings, Townhouses, Row Housing Accessory Structure All other buildings-with gross floor area equal to or less than 600 m2 All other buildings-with gross floor area greater than 600 m2 Administration Fee Occupancy of an unfinished building (apartment residential & mult- storey commercial per floor or unit charge) Occupancy of an unfinished building for all other (per floor or unit charge) Fast Track Permit - please refer to Phase 1 Fast Track program details Limiting Distance Agreement Alternative Solution (minimum 4 hours) Suspended or Cancel Permit Change of Use of Permit with no construction Compliance Letters (from Building Services regarding building permit information) Transfer of Permit Ownership Additional Plan Review Not-ready inspection Contruction without a Permit After hour Inspection Permission to defer Permit Revocation Amendment to Permit Administration Pre-Application Review Amendment to a Conditional Permit Agreement Partial Permit Permit Application Extension 911 Rural Address Sign NSF Cheque Service Charge (per property) Administration Fee for unpaid building permit fees transferred to property taxes Zoning Review for Building Permit Administration Fee for missed payment of Development Charges payable by installments as per Section 26.1 of the Development Charges Act Administration Fees (with HST applicable)Fee HST Total Liquor Licence Clearance Letter *Note: Fire Services portion is also payable. Please refer to Fire Services Department fee section for the applicable charge. 238.70 31.03 269.73 Building File Search (per hour/property) *subject to Freedom of Information and Protection of Privacy Act 36.05 4.69 40.74 Photocopies (per page) - letter size 0.69 0.09 0.78 Photocopies (per page) - legal size 0.92 0.12 1.04 Photocopies (per page) - ledger size 1.36 0.18 1.54 Copies of Large Plans (per plan) - black & white 4.56 0.57 5.13 Copies of Large Plans (per plan) - colour 9.12 1.19 10.31 Planning, Building & Development 550.00 Flat Fee 133.00 per hour 239.00 Flat Fee 133.00 per hour 2x Permit Fee 159.00 per hour 239.00 Flat Fee 239.00 Flat Fee 239.00 Flat Fee 239.00 Flat Fee 133.00 per hour 133.00 Flat fee 239.00 Flat Fee 210.00 Flat Fee See Conditional Permit Permit Fee 159.00 Flat Fee 0.40 per sq. m. 0.40 per sq. m. Fee 240.00 Flat Fee 36.00 Flat Fee 26.00 Flat Fee 133.00 per hour 239.00 Flat Fee 239.00 Flat Fee 239.00 Flat Fee 1,061.00 Flat Fee 133.00 per hour 239.00 Flat Fee 14 Page 493 of 546 Sign Permits under Sign By-law Signs - under 10 m2 Signs - 10 m2 or more Pool Permit under Pool By-law Deposit Seasonal - Above Ground 500.00 In Ground 750.00 Deposits Single permit: detached dwelling, semi-detached dwelling, duplex, triplex, fourplex, townhouse (per dwelling) Addition(s) to buildings described above where excavation is required Demolition Project Miscellaneous construction accessory to the buildings described above with a construction value greater that $3,500.00 Construction projects other than those described above involving buildings or additions where a site plan IS required Construction projects other than those described above involving buildings or additions where a site plan IS NOTrequired Conditional Building Permit Deposit (minimum $5,000.00) Move a Building Lot Grading Any type of dwelling in a plan of subdivision that has NOT already been assumed by the City Any type of dwelling proposed to be placed on an infill lot Refunds Where only administrative functions have been completed (application received, cost analysis and application is entered into a Building Services DatabaseWhere only administrative and zoning functions have been completed Where only administrative and zoning & plans examination functions have been completed Where the permit has been issued and field inspections have yet to be performed, subsequent to permit issuance Other Applicable Fees Item $ Fee $ HST $ Total Water Meter 5/8" Positive Displacement Complete Water Meter 5/8" x 3/4 Positive Displacement Complete Water Meter 3/4" Positive Displacement Complete Water Meter 1" Positive Displacement Complete Water Meter 1.5" Positive Displacement Complete Please see fees on page 20 (New Install Meter costs) Planning, Building & Development 1,500.00 per dwelling 500.00 1,250.00 2,500.00 232.00 Flat Fee Permit Fee Value 1,000.00 per dwelling 750.00 Permit Fee 232.00 Flat Fee 361.00 Flat Fee Note: Refer to Designated Structures Fee Section for signs designated under the Ontario Building Code 77.00 Flat Fee 232.00 Flat Fee 50% Stage of Permit NOTE: Where the calculated refund is less than the minimum permit fee appllication to the work, no refund shall be made of the fees paid. Where a request for refund is made twelve (12) months or more after the issuance of the permit, there shall be no fees refunded % of Fees Paid 90% 80% 60% 10% of construction value (minimum of $5,000) Value 1,000.00 per dwelling 750.00 1,000.00 15 Page 494 of 546 Municipal Enforcement Services Fee HST Total Sign Removal Administration Fee 77.25 N/A 77.25 Litter By-law Administration Fee 309.00 N/A 309.00 Fence Variance 309.00 N/A 309.00 Dangerous Dog/Muzzle Order Appeal 309.00 N/A 309.00 Municipal Enforcement Services - Property Standards Fee HST Total Ceriticate of Compliance 257.50 N/A 257.50 Discharge of an Order registered on title 618.00 N/A 618.00 File of Notice of Appeal 515.00 N/A 515.00 Vacant Building Registration Fee 1,000.00 N/A ####### Vacant Building Administration Fee (one time)350.00 N/A 350.00 Vacant Building Registry Change of Ownership fee 100.00 N/A 100.00 Enforcement Fee (ongoing non-compliance)300.00 N/A 300.00 Planning, Building & Development - Municipal Enforcement 16 Page 495 of 546 https://niagarafalls.ca/city-hall/building/development-charges.aspx Please see DC by-laws 2024-053, 2024-054, 2024-056 Schedule of Development Charges effective July 8, 2024 Planning, Building & Development 17 Page 496 of 546 Permits $ Fee $ HST $ Total Commercial Vehicle (loading permit annually) - first such vehicle 82.50 10.73 93.23 Commercial Vehicle (loading permit annually) - second such vehicle- under the same registered owner as first permit 27.50 3.58 31.08 Commercial Vehicle (loading permit annually) - each additional such motor vehicle under the same registered owner as the 1st and 2nd permits 16.50 2.15 18.65 Oversize/overweight load permit - single trip 82.50 10.73 93.23 Oversize/overweight load permit - annually 220.00 28.60 248.60 On-street overnight parking permit - annually 110.62 14.38 125.00 Newspaper box permit - annually 33.00 N/A 33.00 Parking meter bagging (per meter per day) - standard daily route for bagged 11.00 1.43 12.43 Residential on-street permit/replacement cost 16.50 2.15 18.65 Residential Convenience pass 35.00 4.55 39.55 Parking Lots - Municipal Parking $ Fee $ HST $ Total Lot 2 - per month 40.04 5.21 45.25 Lot 2 - per hour 1.11 0.14 1.25 Lot 3 - per month 40.04 5.21 45.25 Lot 3 - per hour 1.11 0.14 1.25 Lot 4 - per hour 2.65 0.35 3.00 Lot 4 - per 8 hours 10.62 1.38 12.00 Lot 5 - per hour 2.65 0.35 3.00 Lot 5 - per 8 hours 10.62 1.38 12.00 Lot 7 - per month 40.04 5.21 45.25 Lot 8 - per month 40.04 5.21 45.25 Lot 9 - per month 40.04 5.21 45.25 Lot 9 - per hour 1.11 0.14 1.25 Lot 12 - per month 40.04 5.21 45.25 Lot 12 - per hour 1.11 0.14 1.25 Lot 13 - per month 25.00 3.25 28.25 Lot 13 - per hour 1.11 0.14 1.25 Lot 14 - per month 25.00 3.25 28.25 Lot 14 - per hour 1.11 0.14 1.25 Lot 15 - per month 40.04 5.21 45.25 Lot 16 - per hour 4.43 0.57 5.00 Lot 16 - per month 34.96 4.54 39.50 Lot 17 - per month 40.04 5.21 45.25 Lot 18 - per hour 2.65 0.35 3.00 Lot 18 - per 8 hours 10.62 1.38 12.00 Lot 18 - per month 50.00 6.50 56.50 Lot 19 - per month 40.04 5.21 45.25 Lot 19 - per hour 1.11 0.14 1.25 Lot 20 - per hour 2.65 0.35 3.00 Lot 20 - per 8 hours 10.62 1.38 12.00 On-street rate - commercial/business 1.77 0.23 2.00 On-street rate - hospital 1.77 0.23 2.00 On-street rate - tourist 3.10 0.40 3.50 Parking Lot Replacement Cost: 1-15 days Parking Lot Replacement Cost: 16-31 days *Note: Municipal Parking is regulated with a dynamic rates bylaw that can fluctuate to meet the needs and demands and events of the area and may not reflect the rates listed in this schedule. Planning, Building & Development - Parking Full cost of lot Half cost of lot 18 Page 497 of 546 Private Sewer Lateral Cleaning $ Fee $ HST $ Total Monday to Sunday (exclusive of observed holidays) between 8:00am and 7:00 pm 204.67 N/A 204.67 Monday to Sunday (exclusive of observed holidays) between 7:00 pm and 8:00 am 450.21 N/A 450.21 Observed Holiday 542.40 N/A 542.40 "No action", cancellation or false alarm (exclusvie of observed holidays) between 8:00 am and 7:00 pm 85.00 N/A 85.00 "No action", cancellation or false alarm (exclusvie of observed holidays) between 7:00 pm and 8:00 am 95.00 N/A 95.00 Video inspection of a private sewer service (only during times as per line 1 above) free once annually. All other requests will be charged as per lines 1 and 2 above one free annually N/A one free annually Copy of DVD of video 9.09 1.18 10.27 High pressure flushing of sewer lateral from maintenance hole/property line at City's direction or requirement New Install Meter Costs $ Fee $ HST $ Total 5/8" Positive Displacement Complete 640.24 83.23 723.47 5/8" Positive Displacement Meter Only 329.20 42.80 372.00 5/8" x 3/4" Positive Displacement Complete 640.24 83.23 723.47 5/8" x 3/4" Positive Displacement Meter Only 329.20 42.80 372.00 3/4" Positive Displacement Complete 710.92 92.42 803.34 3/4" Positive Displacement Meter Only 390.08 50.71 440.79 1" Positive Displacement Complete 859.82 111.78 971.60 1" Positive Displacement Meter Only 534.08 69.43 603.51 1.5" Positive Displacement Complete 1,440.22 187.23 1,627.45 1.5" Positive Displacement Meter Only 936.68 121.77 1,058.45 NEW: 2" MACH 10 Ultrasonic Meter 1,761.72 229.02 1,990.74 NEW: 3" MACH 10 Ultrasonic Meter 4,746.77 617.08 5,363.85 NEW: 4" MACH 10 Ultrasonic Meter 6,069.48 789.03 6,858.51 NEW: 6" MACH 10 Ultrasonic Meter 9,242.77 1,201.56 10,444.33 NEW: 8" MACH 10 Ultrasonic Meter 13,203.77 1,716.49 14,920.26 NEW: 10" MACH 10 Ultrasonic Meter 16,370.69 2,128.19 18,498.88 NEW: 12" MACH 10 Ultrasonic Meter 19,542.29 2,540.50 22,082.79 6 x 8" compound 4" to 10" protectus R900 Wall Mount Transmitter 391.68 50.92 442.60 R900 Pit Mount Transmitter 480.61 62.48 543.09 R900 RF Pit Mount Antenna 204.38 26.57 230.95 Wire Replacement 100.00 13.00 113.00 Fail to be ready for pre-scheduled meter repair by City staff Water $ Fee $ HST $ Total Bulk Water Rate (per cubic meter) 2.30 N/A 2.30 Bulk Water Distribution System - purchase card 15.00 N/A 15.00 Installation of Water Service - any size City supervised tapping fees: 3/4"-5/8" up to & including 2" service 144.46 N/A 144.46 City supervised tapping fees: 4" and up 488.25 N/A 488.25 Fail to be ready for appointment 85.00 N/A 85.00 Charge for application to change meter size 150.00 N/A 150.00 City supervised tapping fees: afterhours: fee per size (above) + applicable overtime at cost Municipal Works At cost Actual Costs Actual Cost Actual Cost Actual Cost Note:All work is invoiced to requester after work is complete. Payment can be made by cash, cheque or credit online 19 Page 498 of 546 Water, Cont'd Water $ Fee $ HST $ Total Exercise & Operate Curb Stop or Property Valve 81.46 N/A 81.46 3rd Party Meter Testing/Verification (up to 1") 265.46 N/A 265.46 Water Meter Tampering Fee (plus new install meter cost & estimated water theft)500.00 N/A 500.00 Water Meter Inspection 50.00 N/A 50.00 Hydrant Flushing/Testing: per hydrant 81.46 N/A 81.46 Sanitary Sewer Diversion Rebate Application 150.00 N/A 150.00 Arrears Disconnection or Connection Fee 100.00 N/A 100.00 Shutting off or turning on water supplyduring normal working hours 92.87 N/A 92.87 Shutting off or turning on water supply outside normal working hours 219.55 N/A 219.55 Miscellaneous - Water/Wastewater $ Fee $ HST $ Total Water & Wastewater backflow and meter rental fee 150.00 N/A 150.00 Charge after 14 days and every additional 14 days thereafter 150.00 N/A 150.00 Administrative - Invoicing 50.00 N/A 50.00 Notes: Charge for meters found on By-pass: a) By-pass opened with the consent of the City will be charged using the average estimated daily consumption based on annual consumption x number of days on by-pass b) By-pass opened or meter removed, tampered or illegal will be charged (a) x 3 penalty rate. c) If no previous consumption is recorded, a similarly sized meter/similar use will be used at the Engineer's discretion to calculate average daily consumption and charge at (b) rate. Water Meter Tampering is a $500.00 fee, plus the cost of the water meter replacement and the estimated consumption loss. For the purpose of this by-law, normal working hours shall mean Monday to Friday (exclusive of observed holidays) between 7:00 am and 2:00 pm. Municipal Works Meter loaned with Back Flow Preventor for approved hydrant consumption: Damage to meter or backflow preventor cost. 20 Page 499 of 546 Subdivision & Vacant Land Condominium and Deposits $ Fee $ HST $ Total Administration Fee (on construction value) 3.75%N/A Varies Inspection Fee (on construction value) 3.10%N/A Varies Pre-Servicing Agreement Fee 500.00 N/A 500.00 Street Lighting Inspection Fee (ea. Lights, 3rd Party Inspection) 160.00 N/A 160.00 Boulevard Street Tree Fee (ea) 600.00 N/A 600.00 Cash in-lieu of Survey Monumentation (see below) Vertical Monumentation < 10 Ha 600.00 N/A Varies 10 Ha to 20 Ha 1,200.00 N/A Varies Each Additional Ha 600.00 N/A Varies Horizontal Monumentation < 5 Ha 400.00 N/A Varies 5 Ha to 10 Ha 800.00 N/A Varies Each Additional Ha 400.00 N/A Varies Lot Grading Deposit (ea. Lot/Unit - Max $50,000.00) 1,000.00 N/A Varies As Constructed Plan Deposit (ea. Lot/Unit - Max $20,000.00) 1,000.00 N/A Varies Administrative $ Fee $ HST $ Total Full Size Prints - Black & White 4.42 0.57 4.99 Full Size Prints - Colour 8.85 1.15 10.00 Photocopies (per page): Letter (colour) 0.50 0.07 0.57 Photocopies (per page): Legal (colour) 0.75 0.10 0.85 Photocopies (per page): Ledger (colour) 1.00 0.13 1.13 Photocopies (per page): Letter (black & white) 0.30 0.04 0.34 Photocopies (per page): Legal (black & white) 0.40 0.05 0.45 Photocopies (per page): Ledger(black & white) 0.50 0.07 0.57 Letters of Compliance 200.00 26.00 226.00 Road Occupancy Permit $ Fee $ HST $ Total Application - Road Only (plus applicable security deposit) - includes administration and inspection 350.00 N/A 350.00 Application - Water (plus applicable security deposit) - includes administration and inspection 600.00 N/A 600.00 Application - Sewer (plus applicable security deposit) - includes administration and inspection 600.00 N/A 600.00 Application - Sewer & Water (plus applicable security deposit) - includes administration and inspection 950.00 N/A 950.00 Detailed Traffic Control Plan and/or Detour Route Plan Review 150.00 N/A 150.00 Additional Inspection Fee (on construction value)3.10% N/A Varies Site Alteration Permit $ Fee $ HST $ Total Application (plus applicable security deposit) 200.00 N/A 200.00 Municipal Works 21 Page 500 of 546 Forestry - City Tree Removal Request $ Fee $ HST $ Total City tree removal application fee *removal request only, no guarantee of approval 125.00 N/A 125.00 City tree removal (plus $1,200 contribution to 2:1 replanting elsewhere) Curb & Sidewalk Alterations $ Fee $ HST $ Total Curb Cut per meter (minimum cut fee $200.00) 97.23 12.64 109.87 Sidewalk Repair per square meter 220.47 28.66 249.13 Curb Repair per linear meter (minimum repair fee $200.00) 210.09 27.31 237.40 Sanitary, Storm or Water Model - Assessments $ Fee $ HST $ Total Small scale development and simple modeling 1,925.00 250.25 2,175.25 Mid-scale development and medium complexity modeling 3,500.00 455.00 3,955.00 Large scale development and high complexity modeling 7,000.00 910.00 7,910.00 Special modeling services Parkland $ Fee $ HST $ Total Parkland Gate Installation Application 1,000.00 N/A 1,000.00 Parkland Access Permit (plus applicable security deposit) 250.00 N/A 250.00 Municipal Works Case by case pricing At cost *Notes: The request for removal of a City tree is reviewed on a case-by-case basis and further requires a submission of a formal application. In effort to reserve our current tree canopy, all requests will be reviewed directly by the Forestry Supervisor. Trees approved for removal for reasons other than tree health shall be accompanied by a contribution to 2:1 replanting as per Forestry Policy 314.01. 22 Page 501 of 546 Traffic/Engineering Information $ Fee $ HST $ Total 8 hour intersection traffic count - per location 315.00 40.95 355.95 24 hour automatic traffic recorder (ATR) - per location 135.00 17.55 152.55 24 hour speed study (ATR) - per location 250.00 32.50 282.50 4 day automatic traffic recorder (ATR), speed/volume/class - per location 400.00 52.00 452.00 7 day automatic traffic recorder (ATR), speed/volume/class - per location 700.00 91.00 791.00 Disabled Parking Sign 40.00 5.20 45.20 Disabled Parking tab - ($300 fine) 20.00 2.60 22.60 Six foot telespar post & base 60.00 7.80 67.80 Ten foot telespar post and base 70.00 9.10 79.10 "Slow down" lawn sign and base 25.00 3.25 28.25 24 hour automatic traffic recorder (ATR) - season - approx. 150 locations 1,500.00 195.00 1,695.00 Permits $ Fee $HST $Total Special Event Application (small) 200.00 26.00 226.00 Special Event Application (medium) 500.00 65.00 565.00 Special Event Application (large) 750.00 97.50 847.50 Oversize/overweight load permit - single trip 100.00 13.00 113.00 Oversize/overweight load permit - annually 300.00 39.00 339.00 Municipal Works - Traffic 23 Page 502 of 546 Inspection/ Fire Prevention Services $ Fee $ HST $ Total Private Home Day Care, Respite Homes 175.00 22.75 197.75 Licensed Day Care 250.00 32.50 282.50 Boarding Room & Lodging & Bed & Breakfast 225.00 29.25 254.25 Residential: 1-3 units (includes single family dwelling, duplex and triplex) 250.00 32.50 282.50 Multi-Units: Apartments 1-4 units 350.00 45.50 395.50 Multi-Units: over 4 units, rate per unit 75.00 9.75 84.75 Hotels/Motels: 1-10 units 450.00 58.50 508.50 Hotels/Motels: over 10 units, rate per unit 75.00 9.75 84.75 General Inspections during regular hours/hour 61.04 7.94 68.98 After hours Inspection/Plans Review (minimum 4 hours) per hour 125.00 16.25 141.25 Commericial & Industrial less than 1,000 square meters 250.00 32.50 282.50 For each additional 1,000 square meters 75.00 9.75 84.75 Re-inspection fee for outstanding violations for the second and each subsquent re-inspection 100.00 13.00 113.00 Care/vunerable Occupancies 100.00 13.00 113.00 Municipal Licensing Re-inspection 61.04 7.94 68.98 Unsafe Building Order Compliance Inspection 350.00 45.50 395.50 FPO Response & Remediation of Hazard Fee/hr 61.04 7.94 68.98 Preconstruction consultation 61.04 7.94 68.98 Note: Requested inspection, outside of regular business hours, on weekends or holidays, is $150.00 per hour, with a minimum fee of $300.00 Approvals/Permits $ Fee $ HST $ Total General File Search 100.00 13.00 113.00 Occupant Load Signs 61.04 7.94 68.98 Reproduce Existing Documents 60.00 7.80 67.80 Fire Safety Plan Review & Approval - per submission 61.04 7.94 68.98 ULC Integrated Life Safety System Test Approval 61.04 7.94 68.98 3D Rendering of Buildings or Fire Scene 350.00 45.50 395.50 Hose Removal Approval and Inspection (per hose cabinet fee of $15/hose + HST)250.00 32.50 282.50 Letters & Produce Incident Reports to Insurance 105.00 13.65 118.65 Liquor Licence Approval Letter 160.00 20.80 180.80 Special Events (approval letter) 70.00 9.10 79.10 Fireworks/Pyrotechnics (approval letter) 70.00 N/A 70.00 Fireworks Vendor Permit 70.00 N/A 70.00 Designation of Fire Access Routes 150.00 N/A 150.00 Fire Code Alternative Solution Review 500.00 65.00 565.00 Products $ Fee $ HST $ Total Security Key Boxes 231.00 30.03 261.03 Fire route signs 35.00 4.55 39.55 Lock for fire safety plan box 20.00 2.60 22.60 Providing & installing carbon monoxide alarm installation 35.40 4.60 40.00 Providing & installing combination smoke/carbon monoxide alarm 35.40 4.60 40.00 Providing & installing a listed smoke alarm 15.00 1.95 16.95 Fire 24 Page 503 of 546 Miscellaneous $ Fee $ HST $ Total Plan examinations, per $1 of permit value 0.10 N/A 0.10 Zoning amendments, per $1 of application fee 0.10 N/A 0.10 Site plan review, per $1 of application fee 0.10 N/A 0.10 Committee of Adjustments, per $1 of application fee 0.10 N/A 0.10 Subdivision Plans, per $1 of application fee 0.10 N/A 0.10 Fee to expedite services 50% if current applicable service fee in addition to regular fee 25 Page 504 of 546 Training/Public Education Services $ Fee $ HST $ Total Fire Safety Training - Business (minimum of 4 hours) per hour 61.04 7.94 68.98 Fire Safety Training - non-profit group Supervision of Fire Drills - Business - per Fire employee (minimum 1 hour)61.04 7.94 68.98 Supervision of Fire Drills - non-profit group Fire Extinguisher Training Base Price 250.00 32.50 282.50 Fire Extinguisher Training per person 10.00 1.30 11.30 Fire Ground Training Use: Tower with live burn props - 8 hours (after 8 - hours will be prorated)2,042.40 265.51 2,307.91 Tower with live burn props - 4 hours (after 4 - hours and less than 8- hours will be prorated)1,185.20 154.08 1,339.28 Training Ground with no burn props - 8 hours 500.00 65.00 565.00 Training Ground with no burn props - 4 hours 250.00 32.50 282.50 Auto Extrication - per vehicle 250.00 32.50 282.50 Apparatus required/day Fire Safety Training/Public Education Services $ Fee $ HST $ Total Title searches Corporate profiles Cost of Prosecution Services Fire investigation - contracted services cost recovery Fire suppression - contracted services cost recovery Fire inspection support (fire alarm/sprinkler, etc) Cost to secure vacant building Fire Protection Services $ Fee $ HST $ Total Failure to comply with an Ontario regulation causing an Emergency Reponse O. Reg.201/01 Fire Department vehicle per hour or part thereof Non-resident motor vehicle response - per apparatus for 1st hour or part thereof Non-resident motor vehicle response - per apparatus for each additional half hour or part thereofResponse for open air burning - per apparatus for the 1st hour or part thereofResponse for open air burning - per apparatus for each additional half hour or part thereof. Response & remediation - grow operations/drug lab Response for rescue as result of trespass/stunting/misadventure Response for malicious complaint/false reporting Response for fireworks complaint in contravention of by-law Vacant building response - per apparatus for the 1st hour or part thereof After hours services (per person/per hour) 91.56 11.90 103.46 Delayed response from Property Keyholder Risk Safety Management Plan (RSMP) Review - Propane $ Fee $ HST $ Total Existing facility - 5,000 USWG or less 250.00 32.50 282.50 New/modified facility - 5,000 USWG or less 500.00 65.00 565.00 Existing facility - more than 5,000 USWG 1,250.00 162.50 1,412.50 New/modified facility - more than 5,000 USWG 2,500.00 325.00 2,825.00 Preventable False Alarms $ Fee $ HST $ Total First two alarms, written warning Subsequent Alarms **MTO rate is an established fee used by Fire Departments to cost recover **current MTO Rate Fire no charge no charge as billed to the department as billed to the department **current MTO Rate as billed to the department as billed to the department as billed to the department No charge **current MTO Rate **current MTO Rate as billed to the department as billed to the department **current MTO Rate **current MTO Rate **current MTO Rate **current MTO Rate **current MTO Rate **current MTO Rate **current MTO Rate **current MTO Rate **current MTO Rate **current MTO Rate 26 Page 505 of 546 Interment Rights (Lot Sales)Total Fee HST Total Charge Adult Single Lot 2,732.58 355.24 3,087.82 Child/Infant Single Lot - size 4'x5' 1,287.86 167.42 1,455.28 Child/Infant Single Lot - with granite memorial/keepsakes storage 3,713.15 482.71 4,195.86 Cremation Lot - Single lot 571.18 74.25 645.43 Cremation Plot - Four lots 1,896.75 246.58 2,143.33 One Time Care & Maintenance Fee 309.00 40.17 349.17 Interment Rights (Niche Sales)Total Fee HST Total Charge Niche Level A & B Single Niche Stamford Green only 871.92 113.35 985.27 Double Niche 2,019.16 262.49 2,281.65 Triple Niche Stamford Green only 2,891.07 375.84 3,266.91 Niche Level C - G Single Niche Stamford Green only 1,101.36 143.18 1,244.54 Double Niche 2,294.49 298.28 2,592.77 Triple Niche Stamford Green only 3,395.85 441.46 3,837.31 Interment Rights (Niche Sales-Estate)Total Fee HST Total Charge Two Niche Unit (4 Urn Limit) 5,171.89 672.35 5,844.24 Four Niche Unit (8 Urn Limit) 10,343.78 1,344.69 11,688.47 Interment & Inurnment Service Fees Total Fee HST Total Charge Adult Casket Burial 1,760.37 228.85 1,989.22 Adult Double Depth Casket Burial 2,434.77 316.52 2,751.29 Child/Infant Casket Burial 829.66 107.86 937.52 Cremains Urn Burial 556.99 72.41 629.40 Oversized Urn Burial (Companion & Urn Vaults) 835.52 108.62 944.14 Cremains - SCATTERING - REMEMBRANCE GARDENS 284.35 36.97 321.32 Cremains - SCATTERING - OTHER 142.17 18.48 160.65 *Care & Maintenance - Scattering 30.00 3.90 33.90 Interment Cancellation - Casket (if not already open) 417.22 54.24 471.46 Interment Cancellation - Urn (if lot/niche already open) 208.62 27.12 235.74 Interment Services (Niche Inurnments)Total Fee HST Total Charge Single Inurnment 438.69 57.03 495.72 Double Cremain Inurnment* 94.94 12.34 107.28 Dis-Inter Niche Urn 208.62 27.12 235.74 *Adminstration fee for the additional cremated remain inurnment/interment if taking place at the same time. Cemetery Fees 27 Page 506 of 546 Dis-Interment Services Total Fee HST Total Charge Adult Casket Dis-interment only* 2,980.15 387.42 3,367.57 Adult Casket Dis-interment & Re-interment 5,096.90 662.60 5,759.50 Cremain Urn Dis-interment Only* 838.80 109.04 947.84 Cremain Urn Dis-interment & Re-Interment 1,420.96 184.72 1,605.68 Infant Casket Dis-interment Only* 1,145.41 148.90 1,294.31 Infant Casket Dis-interment & Re-interment 2,025.60 263.33 2,288.93 *remains are removed from Municipal Cemetery Interment Surcharges Total Fee HST Total Charge Late Arrivals - after 3:00 pm Mon-Sat, Sun & Holidays (each 1/2 hour) 131.87 17.14 149.01 Sunday & Holiday Casket Burial - scheduled between 11:00 am & 2:00 pm 1,002.17 130.28 1,132.45 Sunday & Holiday Cremains Burial - scheduled between 11:00 am & 2:00 pm 501.10 65.14 566.24 Tent Rental (All Interment Services)149.16 19.39 168.55 Less than 8 working hours casket burial order 316.49 41.14 357.63 Less than 8 working hours cremains burial order 158.24 20.57 178.81 Administration Services Total Fee HST Total Charge Cemetery Administrative fee 94.94 12.34 107.28 Interment Rights Replacement/Duplicate 47.46 6.17 53.63 Cremains Urn Burial - double (admin fee) *companion urn* 94.94 12.34 107.28 Cemetery Records Search (charge per hour) 47.46 6.17 53.63 Cemetery Fees Dis-Interment & Administrative Service Fees 28 Page 507 of 546 Niche & Memorial Products Total Fee HST Total Charge Bronze Wreath (Maplegrove) 1,034.24 134.45 1,168.69 Glass - Single Niche - Stamford Green 103.42 13.44 116.86 Glass - Double Niche - Stamford Green 206.84 26.89 233.73 Glass - Triple Niche - Stamford Green 257.80 33.51 291.31 Bronze Name Plate - Remembrance Garden/Memorial Woods 360.50 46.87 407.37 Bronze Plate - Single Niche - Stamford Green 775.67 100.84 876.51 Bronze Plate - Double Niche - Stamford Green 1,551.36 201.68 1,753.04 Bronze Plate - Triple Niche - Stamford Green 2,327.03 302.51 2,629.54 Granite Plate Etching Service 750.00 97.50 847.50 Cremation Keep Sakes - Pendant 110.33 14.34 124.67 Cremation Keep Sakes - Pendant with Fingerprint 168.68 21.93 190.61 Key FOB (extra) Stamford Green 20.67 2.69 23.36 Cemetery & Park Memorial Program Total Fee HST Total Charge Brushed Metal Memorial Tag 3x5 - added to bench or tree 50.00 N/A 50.00 Brushed Metal Memorial Tag 4x6 - added to bench or tree 75.00 N/A 75.00 Aluminum Memorial Plaque 4x6 - added to bench or tree 175.00 N/A 175.00 Aluminum Memorial Plaque 6x8 - added to bench or tree 250.00 N/A 250.00 Aluminum Memorial Plaque 8x10 - added to bench or tree 325.00 N/A 325.00 Aluminum Memorial Plaque 8x10 - with metal stand installed beside bench 650.00 N/A 650.00 Bronze Memorial Plaque 8x10 - with metal stand installed beside bench 850.00 N/A 850.00 Bronze Butterfly 379.04 N/A 379.04 Memorial Tree 810.00 N/A 810.00 Memorial Bench 2,864.43 N/A 2,864.43 Life's QR - Heart Plaque 225.00 29.25 254.25 Life's QR - 2x2 Plaque 250.00 32.50 282.50 Life's QR - 4x4 Plaque 275.00 35.75 310.75 Life's QR - 4x4 Tree Stake 300.00 39.00 339.00 Foundation /Marker/Installation Services Total Fee HST Total Charge Foundation Installation - up to 36" 870.27 113.14 983.41 Foundation Installation - 36" to 48" 1,002.04 130.27 1,132.31 Foundation Installation - 49" to 60" 1,334.65 173.50 1,508.15 Foundation Installation - 61" to 72" 1,466.71 190.67 1,657.38 Foundation Installation - 73" to 90" 1,660.35 215.85 1,876.20 Veteran Upright Marker Setting 587.39 76.36 663.75 Small Flat Marker Setting under 172 square inches 212.79 27.66 240.45 Large Flat Marker Setting over 172 square inches 372.82 48.47 421.29 Corner Markers Setting (per set of 4) 212.79 27.66 240.45 Foundation Removal 500.00 65.00 565.00 Cemetery Cremation Vault 664.35 86.37 750.72 Cemetery Traditional Vault 1,539.85 200.18 1,740.03 Prescribed Marker Care & Maintenance Fee Total Fee HST Total Charge Flat Marker Over 172 square inches 100.00 13.00 113.00 Prescribed Provincial Licensing Fee Total Fee HST Total Charge Provincial Licensing Fee 30.00 3.90 33.90 Cemetery Fees Memorial Products & Services Foundation Fees CUSTOM - Memorial Bench with Memorial Plate Installed on Back of Bench (please contact Cemetery office) 29 Page 508 of 546 3) Sunday & statutory holiday interment services may be scheduled between 11:00 am & 2:00 pm. An interment surcharge will apply. 4) A "scheduled" funeral late arrival & other interment surcharges will apply as indicated in the Cemetery Fee Schedule - "Interment Surcharges" 5) Funeral late arrivals (arriving after the scheduled time) will be subject to an additional fee. 6) Funeral Directors are responsible for advising families, in advance, of potential late charges & applicable surcharges. 7) Dis-interments may be scheduled from May 1st to November 1st only and at the discretion of the Cemetery Manager or designate. 8) The Funeral Director is responsible for scheduling & all related costs for disinterments including: casket/urn/vault/removal vault/urn unsealing & resealing Niagara Regional Health Unit Approval and Attendance 9) One time care & maintenance fee is charged per interment (fully body or cremation) that takes place in a lot (grave) that was purchased prior to 1955. B) Interment Right Sales 1) The Interment Rights Holder owns the interment rights to a single lot, plot and/or niche. The Interment Rights Holder must abide by the regulations stipulated in the Cemetery by-law, including the installation of a monument, maintenance of a flowerbed or other memorialization. 2) The Interment Rights Holder may transfer, exchange or sell-back a plot, single lot or niche at any time before an interment takes place. If the above Interment Rights have not been used, the purchaser may, in writing to the City within thirty (30) days from the signing of the contract, cancel this contract and receive a full refund. Following thirty (30) days, the purchaser may be eligible for a full refund less the Care & Maintenance Fees. C) Resale/Transfers The Rights Holder may resell unused lots/plots/niches to the City of Niagara Falls for a refund of the current Cemetery Fee. Rights Holder may also resell unused lots/plots/niches privately. The City reserves first right of refusal for all resell/sell back of Interment Rights (i.e. lots, plots and niches). All documents pertaining to the original sale must be returned to the Cemetery Office. An administration charge will apply, in accordance with the current Cemetery Fees Schedule. D) Payment Interment Rights (lot sales) must be paid in full before any burial and/or memorialization can take place. Payment for a burial service (casket, cremation, niche, scatter) is due the day of the service. Credit card, debit, cheque are the only acceptable methods of payment. E) Inquiries All inquiries or concerns should be received in person at the Fairview Cemetery office, on Stanley Ave., Monday through Saturday 8:00 am to 4:00 pm, or by calling (905) 354-4721 Monday through Friday 8:00 am to 4:00 pm. Saturday appointments must be made at least 48 hours in advance. Mark Richardson, Manager of Cemetery Services. 2) Monday to Saturday Interment Services (except on Statutory or City Holidays) may be scheduled between 9:00am and 3:00 pm only Cemetery Fees Memorial Products & Services Notes: A) Interment/Disinterment Services 1) All committal services scheduling is at the approval of the Cemetery Services based on location, weather, staff availability & the number of services requested. 30 Page 509 of 546 Note: Commercial Groups/Community Groups Non-profit: Prime hours are Monday-Friday 5:00 pm-11:00 pm, Saturday-Sunday 7:00 am to close Non-prime hours are Monday-Friday 7:00 am - 5:00 pm and 11:00 pm - 12:00 am Statutory Holidays are charged at prime rates Summer ice rates are applicable from May 1st through August 31st Exact dates of opening & closing to be determined each year Cancellation Fee $ Fee $ HST $ Total Arenas, playing fields, Older Adult Centre and MacBain Community Centre rentals 22.07 2.87 24.94 Ice/Floor Rentals (Fall/Winter - effective September 1 - April 30)$ Fee $ HST $ Total Adult Ice rental - prime time 232.37 30.21 262.58 Adult Ice rental - non-prime time 125.39 16.30 141.69 Youth Ice rental - prime time (resident)160.87 20.91 181.78 Youth Ice rental - non prime time 102.65 13.34 115.99 Youth tournament prime time (non-tenant)188.88 24.55 213.43 Ice Training (non prime time only, 5 skater maximum)64.86 8.43 73.29 Education rate (all elementary schools)60.31 7.84 68.15 Floor Rental - adult 82.40 10.71 93.11 Floor Rental - youth 74.16 9.64 83.80 Ice/Floor Rentals (Spring/Summer - effective May 1 - August 31)$ Fee $ HST $ Total All users - prime time 223.43 29.05 252.48 All users - non prime time 159.85 20.78 180.63 Tenant Groups - prime time 193.85 25.20 219.05 Tenant Groups - non prime time 131.75 17.13 148.88 Youth tournament (non-tenant) prime time 180.14 23.42 203.56 Education rate (all schools)60.34 7.84 68.18 Floor rental - adult 82.40 10.71 93.11 Floor rental - youth 74.16 9.64 83.80 Recreation, Culture & Facilities 31 Page 510 of 546 Parking Lot Rentals $ Fee $ HST $ Total King Eddy - Full Day (4-12 hours) 500.00 65.00 565.00 King Eddy - Half Day (4 hours or less) 250.00 32.50 282.50 Gale Centre Parking Lot A - Full Day (4-12 hours)1,000.00 130.00 1,130.00 Gale Centre Parking Lot A - Half Day (4 hours or less)500.00 65.00 565.00 Gale Centre Parking Lot B - Full Day (4-12 hours)500.00 65.00 565.00 Gale Centre Parking Lot B - Half Day (4 hours or less)250.00 32.50 282.50 MacBain Centre Parking Lot A - Full Day (4-12 hours)500.00 65.00 565.00 MacBain Centre Parking Lot A - Half Day (4 hours or less)250.00 32.50 282.50 MacBain Centre Parking Lot B - Full Day (4-12 hours)500.00 65.00 565.00 MacBain Centre Parking Lot B - Half Day (4 hours or less)250.00 32.50 282.50 MacBain Skatepark Lot - Full Day (4-12 hours)250.00 32.50 282.50 MacBain Skatepark Lot - Half Day (4 hours or less)125.00 16.25 141.25 Chippawa Arena - Full Day (4-12 hours)250.00 32.50 282.50 Chippawa Arena - Half Day (4 hours or less)125.00 16.25 141.25 Chippawa Lions Park Lot - Full Day (4-12 hours)250.00 32.50 282.50 Chippawa Lions Park Lot - Half Day (4 hours or less)125.00 16.25 141.25 Park Rentals* $ Fee $ HST $ Total Chippawa Lions Park - Community Park 75.00 9.75 84.75 City Hall Centennial Square - City-Wide Park 75.00 9.75 84.75 Cummington Square - City-Wide Park 60.00 7.80 67.80 F.H. Leslie Park - Community Park 75.00 9.75 84.75 George Bukator Park - City-Wide Park 60.00 7.80 67.80 John N. Allan Park - Community Park 75.00 9.75 84.75 Lundy's Lane Battlefield Park - City-Wide Park 75.00 9.75 84.75 Special Events Park Rentals 75.00 9.75 84.75 *Not including athletic fields Recreation, Culture & Facilities Special Event Rental Fees 32 Page 511 of 546 MacBain Community Centre Room Rental Fees Rooms for Rent (Regular & Out of Town) $ Hourly Rate $ HST $ Total $ Day Rate $ HST $ Total Multi-Purpose Room A 27.56 3.58 31.14 137.80 17.91 155.71 Multi-Purpose Room D 66.15 8.60 74.75 330.75 43.00 373.75 Multi-Purpose Room E 66.15 8.60 74.75 330.75 43.00 373.75 Multi-Purpose Room D/E (together) 132.30 17.20 149.50 661.50 86.00 747.50 Multi-Purpose Room F 52.50 6.83 59.33 262.50 34.13 296.63 Community Board Room 27.56 3.58 31.14 137.80 17.91 155.71 Coronation Room 66.15 8.60 74.75 330.75 43.00 373.75 Second Floor Meeting Room 21.00 2.73 23.73 105.00 13.65 118.65 Rooms for Rent (Non Profit ) $ Hourly Rate $ HST $ Total $ Day Rate $ HST $ Total Multi-Purpose Room A 13.78 1.79 15.57 68.90 8.96 77.86 Multi-Purpose Room D 33.08 4.30 37.38 165.40 21.50 186.90 Multi-Purpose Room E 33.08 4.30 37.38 165.40 21.50 186.90 Multi-Purpose Room D/E (together) 66.15 8.60 74.75 330.75 43.00 373.75 Multi-Purpose Room F 26.25 3.41 29.66 131.25 17.06 148.31 Community Board Room 13.78 1.79 15.57 68.90 8.96 77.86 Coronation Room 33.08 4.30 37.38 165.40 21.50 186.90 Second Floor Meeting Room 10.50 1.37 11.87 52.50 6.83 59.33 $ Fee/hr $ HST $ Total 71.66 9.32 80.98 35.83 4.66 40.49 115.76 15.05 130.81 63.39 8.24 71.63 Day Rate 868.22 112.87 981.09 $ Fee/hr $ HST $ Total 35.84 4.66 40.50 17.91 2.33 20.24 57.89 7.53 65.42 24.81 3.23 28.04 $ Fee/hr $ HST $ Total 10.00 1.30 11.30 15.00 1.95 16.95 Walking Track 50.00 6.50 56.50 8.85 1.15 10.00 4.42 0.58 5.00 6.19 0.81 7.00 MacBain Community Centre - DAY PASS - Valid for public swimming and drop in gym times Program Fees $ Fee/hr $ HST $ Total Child/Youth (4-17)/Senior (60+) 8.85 1.15 10.00 Adult 13.27 1.73 15.00 Family 22.12 2.88 25.00 Drop in programs (excluding aquatics, indoor play structure & racquet sports)4.43 0.58 5.00 Day Camp Registration (basic)235.00 N/A 235.00 Before Care 20.00 N/A 20.00 After Care 20.00 N/A 20.00 Per week Per week Per week Per pass Per pass Per pass MacBain Community Centre Rental Fees Drop in Fee for Squash & Racquetball (prime: after 5:00pm & weekends) - per person Per pass Squash Courts (per hour)Youth/Older adult non-prime Adult weekends Equipment Rental Drop in Fee for Squash & Racquetball (non-prime: before 5:00pm on weekdays) - per person Youth Recreation, Culture & Facilities Gymnasium MacBain Comm. Centre Rental Fees (not for profit) Youth 1/3 gym Adult Adult 1/3 gym Gymnasium Youth Youth 1/3 gym Adult Adult 1/3 gym MacBain Community Centre Rental Fees (for profit) 33 Page 512 of 546 Indoor Play Structure $ Fee $ HST $ Total Hourly NFP Rental 150.00 19.50 169.50 Drop in 6.19 0.81 7.00 Drop in 13.27 1.73 15.00 Birthday Parties $ Fee $ HST $ Total 75.00 9.75 84.75 100.00 13.00 113.00 250.00 32.50 282.50 200.00 26.00 226.00 50.00 - 50.00 30.00 3.90 33.90 21.43 2.79 24.22 $ Fee $ HST $ Total 20.00 2.60 22.60 30.00 3.90 33.90 40.00 5.20 45.20 80.00 10.40 90.40 8.00 1.04 9.04 $ Fee $ HST $ Total 10.00 1.30 11.30 15.00 1.95 16.95 20.00 2.60 22.60 40.00 5.20 45.20 5.00 0.65 5.65 $ Fee $ HST $ Total 10.00 1.30 11.30 Large Cabinet - locked per month Storage Closet/Rooms - locked per square foot/per year Storage Closet/Rooms - locked per square foot/per year MacBain Community Centre Storage (not for profit) Locker Box per month Small Cabinet - unlocked per month Refund - Program Only Room only Fees Fees Per Hour Room & 1/3 Gym Room & 1/3 Gym and Play Structure Room & Play Structure Refunds (for all registrations) Crafts Refund - Administration Fee MacBain Community Centre Storage (for profit) Locker Box per month Small Cabinet - unlocked per month Small Cabinet - locked per month Large Cabinet - locked per month Small Cabinet - locked per month Recreation, Culture & Facilities per child per family Birthday Party Cleaning/Damage Deposit 34 Page 513 of 546 $ Fee $ HST $ Total 25.22 3.28 28.50 1.55 0.20 1.75 2.83 0.37 3.20 2.58 0.34 2.92 5.15 0.67 5.82 4.12 0.54 4.66 5.15 0.81 5.96 5.67 0.74 6.41 7.21 0.81 8.02 6.18 0.81 6.99 4.12 0.54 4.66 5.15 0.58 5.73 4.12 0.54 4.66 $ Fee $ HST $ Total 27.43 3.57 31.00 31.86 4.14 36.00 49.56 6.44 56.00 58.41 7.59 66.00 $ Fee $ HST $ Total 4.42 0.57 5.00 3.54 0.46 4.00 5.31 0.69 6.00 4.42 0.57 5.00 6.19 0.81 7.00 4.87 0.63 5.50 Recreation, Culture & Facilities Program Fees Program Fees Program drop in MacBain Community Centre - Older Adults 60 plus MacBain Community Centre - Older Adults 60 plus Memberships Pickleball - Drop in - Non- Member TRX = 60+ Member - Off Peak Pickleball - Drop in - Member Fitness class drop in (including Zumba/Clogging/Short Mat) Bingo - member Fitness pass (10 punches) Meditation Watercolour Instruction Twelve Month Membership - Resident Twelve Month Membership - Non-Resident Yoga - 60+ Non-Member Bingo - non-member Yoga - 60+ Member Six Month Membership - Resident Six Month Membership - Non-Resident Pickleball Lessons MacBain Community Centre - Adult Fitness Program Fees Drop in Adult Fitness Registered Adult Fitness - 60+ member Yoga Adult Fitness Yoga Adult Fitness - 60+ member Drop in Adult Fitness - 60+ member Registered Adult Fitness 35 Page 514 of 546 $ Fee $ HST $ Total 3.54 0.46 4.00 4.42 0.58 5.00 3.98 0.52 4.50 8.85 1.15 10.00 13.27 1.73 15.00 61.95 8.05 70.00 119.47 15.53 135.00 79.65 10.35 90.00 6.19 0.81 7.00 4.42 0.58 5.00 180.00 23.40 203.40 240.00 31.20 271.20 60.00 7.80 67.80 Lane Rental (per hour) 20.00 2.60 22.60 150.00 19.50 169.50 200.00 26.00 226.00 $ Fee $ HST $ Total 87.50 N/A 87.50 109.50 N/A 109.50 127.60 N/A 127.60 178.00 23.14 201.14 288.40 N/A 288.40 4.42 0.58 5.00 5.31 0.69 6.00 7.87 1.02 8.89 8.56 1.11 9.67 $ Fee $ HST $ Total 40.00 N/A 40.00 47.75 N/A 47.75 57.40 N/A 57.40 122.60 N/A 122.60 $ Fee $ HST $ Total 135.00 N/A 135.00 155.00 N/A 155.00 155.00 N/A 155.00 300.00 N/A 300.00 90.00 N/A 90.00 115.00 N/A 115.00 90.00 N/A 90.00 225.00 N/A 225.00 Private Private Swimming Lessons - Indoor (10 lessons) 30 minutes 45 minutes 60 minutes Adult Lessons Drop-in Aqua Fitness 60+ Member Drop-in Aqua Fitness 60+ Non-Member Aqua Cycle 60+ Member Aqua Cycle 60+ Non-Member 30 minutes Swimming Lessons - Outdoor (5 lessons) 45 minutes 60 minutes Birthday Party Pool & room Pool & gym Fitness Classes Drop in - Adult Drop in - Older Adults 60+ Both pools 1-30 people Both pools 31-100 peoplePool Rental (per hour) with Slide (additional) 1-10 people/hour AdultSix Month Membership Child Senior Leisure Swim Family (2+5) Recreation, Culture & Facilities MacBain Community Centre - Indoor Aquatics Program Fees Child/Youth Family (2+3) Adult Senior Standard First Aid Recert Instructors No Charge Bronze Cross National Lifeguard National Lifeguard Recert Standard First Aid Aquatics Certification Course Fees Bronze Star Bronze Medallion Adult Lane Swim/Public Swim 36 Page 515 of 546 Gale Centre/Chippawa Room Rental Fees Memorial Room $ Hourly Rate $ HST $ Total $ Day Rate $ HST $ Total Not for profit Community Group 51.50 6.70 58.20 300.00 39.00 339.00 For profit Commercial Use 103.00 13.39 116.39 500.00 65.00 565.00 Birthday Parties - per booking 77.25 10.04 87.29 N/A N/A N/A Boardrooms $ Hourly Rate $ HST $ Total $ Day Rate $ HST $ Total Community Group N/A N/A N/A N/A N/A N/A Commercial Use 25.75 3.35 29.10 128.75 16.74 145.49 Chippawa Community Room $ Hourly Rate $ HST $ Total $ Day Rate $ HST $ Total Community Group 35.00 4.55 39.55 200.00 26.00 226.00 Commercial Use 50.00 6.50 56.50 300.00 39.00 339.00 Birthday Parties - per booking (3hrs with ice booking only)77.25 10.04 87.29 N/A N/A N/A Note: per day is for an 8 hour period. Special provisions for tournaments can be made through contract rental. The Special Event rental rates are for the basic use and services of the facility only. Additional charges will be added for staff, equipment rental and any other facility requirements that are requested. Organizations serving alcoholic beverages must comply with the City's Alcohol Risk Management Policy. $ Fee $ HST $ Total 3.54 0.46 4.00 2.65 0.34 2.99 8.84 1.15 9.99 2.95 0.38 3.33 Seniors (60 years & over) Recreation, Culture & Facilities Public Skating Adult (16 years and over) Child/Student (15 years and under) Family Pass (2 adults, 3 children) 37 Page 516 of 546 Playing Fields $ Fee $ HST $ Total 83.29 10.83 94.12 103.26 13.42 116.68 120.28 15.64 135.92 155.03 20.15 175.18 $ Fee $ HST $ Total 28.80 3.74 32.54 $ Fee $ HST $ Total 5.00 0.65 5.65 11.50 1.50 13.00 12.75 1.66 14.41 20.00 2.60 22.60 $ Fee $ HST $ Total 3.89 0.51 4.40 7.77 1.01 8.78 8.88 1.15 10.03 17.76 2.31 20.07 $ Fee $ HST $ Total 2.78 0.36 3.14 5.55 0.72 6.27 6.66 0.87 7.53 $ Fee $ HST $ Total 55.50 7.22 62.72 111.00 14.43 125.43 77.70 10.10 87.80 222.00 28.86 250.86 $ Fee $ HST $ Total 23.29 3.03 26.32 38.83 5.05 43.88 77.63 10.09 87.72 37.46 4.87 42.33 Lighting - one hour Lighting - two hours Lighting - per four hour block Lighting (youth per evening) Resident youth Non-resident youth Resident adult Non-resident adult Lighting Tournament Day Rate (day=10 hours/field) B Category Playing Fields per hour Resident youth Non-resident youth Resident adult Non-resident adult C Category Playing Fields per hour Resident youth Non-resident youth Resident adult Non-resident adult Playing Fields Non-resident Adult not-for-profit, sport organization Track - exclusive use (Oakes Park) per day A Category Playing Fields per hour Resident youth Non-resident youth Resident adult Recreation, Culture & Facilities Multi-Purposes Articial Turf Field Residential minor/youth sport organization Non-residential minor/youth sport organization Resident Adult not-for-profit, sport organization Niagara Falls Youth Users Qualify for a reduced rate: 50% off the regular hourly rate 1. Niagara Falls based youth organization 2. Registered youth sport with an Ontario governing body 3. Documentation must be provided to staff for approval 38 Page 517 of 546 Museum Fee Schedule $ Fee $ HST $ Total 5.31 0.69 6.00 4.42 0.57 4.99 no charge no charge no charge 17.70 2.30 20.00 66.37 8.63 75.00 44.25 5.75 50.00 66.37 8.63 75.00 10.62 1.38 12.00 8.85 1.15 10.00 35.40 4.60 40.00 $ Fee $ HST $ Total no charge no charge no charge $ Fee $ HST $ Total 5.31 0.69 6.00 2.65 0.35 3.00 3.54 0.46 4.00 6.19 0.81 7.00 4.42 0.57 4.99 8.85 1.15 10.00 2.65 0.34 2.99 221.24 28.76 250.00 132.74 17.26 150.00 13.27 1.73 15.00 8.85 1.15 10.00 $ Fee $ HST $ Total 17.70 2.30 20.00 0.17 0.02 0.19 $ Fee $ HST $ Total 22.12 2.88 25.00 35.40 4.60 40.00 $ Fee $ HST $ Total No charge No charge No charge 44.25 5.75 50.00 Research request/first hour Research request - additional research/hour Digital Image Photocopy (black & white) Membership Individual membership/year Family membership/year Other Photographic Reproductions School Program (approx. 90 minutes)/student School - self guided tour/student 45 minute museum or Battlefield experience (school)/student 45 minute museum or Battlefield experience (group)/person 90 minute museum or Battlefield experience (school)/student 90 minute museum or Battlefield experience (group)/person Additional Tour of Battle Ground Hotel/person Full day Educational Outreach Half day Educational Outreach Full day School Program Half day School Program Educational Programs (minimum 15 participants) Recreation, Culture & Facilities Niagara Falls History Museum Attendance Adults (20+) Students (6-19 years old or with valid ID) 5 years old and under Virtual School Educational Tour Family (up to 5 people - maximum 3 adults) Virtual Tour Group Battle Ground Hotel Museum & Willoughby Historical Museum Admission by donation Customized Virtual School Educational Tour Historic Walking Tours (Adult) Historic Walking Tours (Student) Historic Walking Tours (Family) 39 Page 518 of 546 Museum Fee Schedule $ Fee $ HST $ Total 60.00 7.80 67.80 110.00 14.30 124.30 60.00 7.80 67.80 110.00 14.30 124.30 $ Fee $ HST $ Total 35.00 4.55 39.55 80.00 10.40 90.40 35.00 4.55 39.55 80.00 10.40 90.40 Community Makers are Niagara Regional Not-for-Profit organizations or Niagara Regional based artists putting on an event that is artistic in nature (Performance Art, Workshop, Presentation, etc.). This does not include trade shows or retail events unless artistic in nature. Public must be invited. Minimum of 2 hour rentals in the Museum $ Fee $ HST $ Total 75.00 9.75 84.75 125.00 16.25 141.25 Niagara Falls Hydro Corporation Courtyard/hour Other Dishes (0-30 ppl) Dishes (31+ppl) Niagara Falls Hydro Corporation Courtyard/hour after operating hours Sherman Zavitz Theatre/hour after operating hours Community Maker Rentals Sherman Zavitz Theatre/hour Niagara Falls Hydro Corporation Courtyard/hour after operating hours Recreation, Culture & Facilities Rentals Sherman Zavitz Theatre/hour Sherman Zavitz Theatre/hour after operating hours Niagara Falls Hydro Corporation Courtyard/hour 40 Page 519 of 546 Niagara Falls Exchange $ Fee $ HST $ Total 116.15 15.10 131.25 162.61 21.14 183.75 603.98 78.52 682.50 836.28 108.72 945.00 929.21 120.80 1,050.01 1,393.80 181.19 1,574.99 1,858.41 241.59 2,100.00 557.52 72.48 630.00 1,022.12 132.88 1,155.00 185.84 24.16 210.00 44.25 5.75 50.00 $ Fee $ HST $ Total 20.00 2.60 22.60 40.00 5.20 45.20 75.00 9.75 84.75 420.00 54.60 474.60 670.00 87.10 757.10 780.00 101.40 881.40 1,280.00 166.40 1,446.40 1,780.00 231.40 2,011.40 44.25 5.75 50.00 $ Fee $ HST $ Total 398.23 51.77 450.00 26.55 3.45 30.00 $ Fee $ HST $ Total 265.49 34.51 300.00 26.55 3.45 30.00 Market Stall/daily Cost to replace lost access key Farmers' Market - Saturdays Summer/Fall (May-October) Market Stall/season Market Stall/daily Market Stall/season Farmers' Market - Saturdays Winter/Spring (November-April) Six months 10 x 10 with storage Recreation, Culture & Facilities Artist Studio Membership Rates & Other Fees Monthly 10 x 10 Monthly 10 x 10 with storage Six months 10 x 10 Commericial Membership (see website for restrictions) Weekly Woodworking Shop Membership Rates & Other Fees Daily Annual 10 x 10 Annual 10 x 10 with storage Annual 20 x 10 Annual Hotdesk Cost to replace lost access key Annual Hotdesk with storage Monthly Six Months Six Months with storage Hotdesk (3 months) Annual with storage Annual 41 Page 520 of 546 Niagara Falls Exchange $ Fee $ HST $ Total 100.00 13.00 113.00 125.00 16.25 141.25 150.00 19.50 169.50 175.00 22.75 197.75 50.00 6.50 56.50 75.00 9.75 84.75 50.00 6.50 56.50 75.00 9.75 84.75 100.00 13.00 113.00 300.00 39.00 339.00 $ Fee $ HST $ Total 60.00 7.80 67.80 85.00 11.05 96.05 110.00 14.30 124.30 135.00 17.55 152.55 30.00 3.90 33.90 50.00 6.50 56.50 30.00 3.90 33.90 50.00 6.50 56.50 200.00 26.00 226.00 200.00 26.00 226.00 100.00 13.00 113.00 250.00 32.50 282.50 Community Makers are Niagara Regional Not-for-Profit organizations or Niagara Regional based artists putting on an event that is artistic in nature (Performance Art, Workshop, Presentation, etc.). This does not include trade shows or retail events unless artistic in nature. Public must be invited. Minimum of three (3) hour rentals of the Market Hall $ Fee $ HST $ Total 10.00 1.30 11.30 20.00 2.60 22.60 100.00 13.00 113.00 5.00 0.65 5.65 300.00 39.00 339.00 5.00 0.65 5.65 50.00 6.50 56.50 75.00 9.75 84.75 100.00 13.00 113.00 Indoor stage rental Community Makers Rentals Market Hall/hour Market Hall with patio/hour Wilma Morrison Courtyard/hour Wilma Morrison Courtyard/hour after operating hours Historic Drummondville Square/hour Historic Drummondville Square/hour after operating hours Studio Gallery/month Atrium Gallery/month Market Hall/day after operating hours Market Hall with patio/hour after operating hours Historic Drummondville Square/hour Historic Drummondville Square/hour after operating hours Parking Lot/hour Indoor stage rental Parking Lot/hour Wilma Morrison Courtyard/hour after operating hours Recreation, Culture & Facilities Rentals Market Hall/hour Market Hall/day after operating hours (and statutory holidays) Wilma Morrison Courtyard/hour Market Hall with patio/hour Market Hall with patio/hour after operating hours Other Corkage Fee Labour for corkage fee/hr/person Comfort Lounge Rental (per set - couch, 2 chairs, 1 table) Linens rental (table cloths, napkins, overlays)/item Roller skate rental - up to 40 participants One Day Parking Passes for area parking Pipe & Drape/one time charge Games package (includes 2 cornhole games & giant jenga) Wedding Alter 42 Page 521 of 546 CITY OF NIAGARA FALLS By-law No. 2025 – 035 A by-law to amend By-law No. 2024-045 the Administrative Penalties (Non-Parking) By- law, to include administrative penalties for Owner Occupied Short-Term Accommodations. WHEREAS Section 434.1 of the Municipal Act, 2001, S.O. 2001, c. 25 (the “Municipal Act”) authorizes a municipality to require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with a by-law of the municipality passed under the Municipal Act, in order to assist the municipality in promoting compliance with its by-laws; AND WHEREAS the Council of the City of Niagara Falls passed the Administrative Penalties (Non-Parking) By-law (By-law No. 2024-045) on April 30, 2024 to designate certain by-laws, or parts of such by-laws, to which administrative penalties under section 434.1 of the Municipal Act shall apply; AND WHEREAS the Council of the City of Niagara Falls approved Official Plan Amendment 180 and Zoning By-law No. 2025-032 on July 8th, 2025 to allow for Owner Occupied Short-Term Rentals within the City of Niagara Falls; AND WHEREAS the Council of the City of Niagara Falls considers it desirable to amend by-law 2024-045 to include the application of administrative penalties under section 434.1 of the Municipal Act in relation to Owner Occupied Short-Term Accommodations; AND WHEREAS it is deemed desirable to amend By-law No. 2024-045 accordingly, NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That PART II – DEFINTIONS of By-law No. 2024-045 is amended by adding the following definitions alphabetically: i. "Owner Occupied Short-Term Accommodation" means an Owner Occupied Short-Term Rental or a Bed and Breakfast but shall not include a Vacation Rental Unit; ii. “Owner Occupied Short-Term Rental” means a home occupation in a dwelling unit within or accessory to a Principal Residence that is rented out by the Owner to a single group of the travelling public for a period of 28 consecutive days or less and is licensed by the City of Niagara Falls to carry out a business;” Page 522 of 546 2. That Schedule A of By-law No. 2024-045 be repealed and replaced with Schedule A attached to this by-law. 3. All other applicable provisions and regulations set out in By-law No. 2024-045 shall remain the same and shall continue to apply, with the necessary changes in detail. 4. That the City Clerk is authorized to effect any minor modifications, corrections or omissions solely of an administrative, numerical, grammatical, semantical or descriptive nature to this by-law after the passage of this by-law. 5. This By-law will become effective the day following the final day of appeal of Official Plan Amendment No. 180 and Zoning By-law No. 2025-032, provided no appeals are received. Read a First, Second and Third time; passed, signed and sealed in open Council this 8th day of July, 2025. .................................................................. JAMES M. DIODATI, MAYOR ....................................................................... MARGARET CORBETT, DEPUTY CLERK Page 523 of 546 SCHEDULE “A” CITY OF NIAGARA FALLS ADMINISTRATIVE PENALTY BY-LAW DESIGNATED BY-LAW PROVISIONS General Prohibitions and related Administrative Penalties (for all Designated By- laws): Failing to comply with an order. $500 Preventing, hindering or obstructing an Officer. $400 Attempting to hinder or obstruct an Officer. $400 Hinder or obstruct any person exercising power or duty under the Designated By-law. $400 Attempt to hinder or obstruct any person exercising power or duty under the Designated By-law. $400 NOISE CONTROL BY-LAW NO. 2004-105 (as amended by By-law No. 2005-73, By- law No. 2007-28 and By-law No. 2014-155) For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Noise Control By-law No. 2004-105, as amended, that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administ rative Penalty General Prohibition 1 Section 2 Cause or permit noise or vibration disturbance that interferes with peaceful enjoyment. $300 Page 524 of 546 Section 3, Schedule 2 Specific Prohibitions 2 Subsection 1. Revving of an engine or motor. $300 3 Subsection 2. Operation of a motor vehicle in such a way that the tires squeal. $300 4 Subsection 3. Operation of a motor vehicle, engine, motor, construction equipment or pneumatic device without an effective exhaust, intake-muffling or other sound attenuation device, which device is in good working order and in constant operation. $300 5 Subsection 4. Operation of a conveyance or a motor vehicle, with or without a trailer, resulting in banging, clanking, squealing or other sounds due to improperly-secured loads or equipment, or inadequate maintenance. $300 6 Subsection 5. Operation of a motor vehicle horn or other warning device except where required or authorized by law or in accordance with good safety practices. $300 Section 4.1, Schedule 3 Time and Activity Prohibitions 7 Subsection 1. Persistent barking, whining, calling or other similar sound made by any domestic pet or other animal kept or used for any purpose other than agriculture, at any time. $300 8 Subsection 2. Persistent yelling, shouting, screaming, whistling, hooting or singing, at any time. $300 9 Subsection 3. Activation of a security alarm resulting in sound for a duration in excess of five minutes, at any time. $300 10 Subsection 4. Operation of construction equipment in connection with construction between 7:00 p.m. one day and 7:00 a.m. the next day, 9:00 a.m. on a Holiday. $300 Page 525 of 546 11 Subsection 5. Operation of any power device or non-power device or tool for domestic purposes, except snow blowers, between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday. $300 12 Subsection 6. Operation of solid waste, refuse or recyclable bulk-lift or refuse-compacting equipment between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 13 Subsection 7. Operation of an engine or motor which is used in or is intended for use in, a toy or a model or replica of any device, which toy, model or replica has no function other than amusement and which is not a conveyance, between 9:00 p.m. one day and 7:00 a.m. the next day, 9:00 a.m. on a Holiday. $300 14 Subsection 8. Vehicle repairs, between 9:00 p.m. one day and 7:00 a.m. the next day, 9:00 a.m. on a Holiday. $300 15 Subsection 9. The loading, unloading, delivering, packing, unpacking or otherwise handling of any containers, products or materials between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 16 Subsection 10. The use of any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electro-mechanical transducers and intended for the production, reproduction or amplification of sound between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 17 Subsection 11. The playing of music between 9:00 p.m. one day to 7:00 a.m. the next day, 9:00 a.m. on a Holiday, excluding the exempted areas as set out in Schedule 1 of the By-law. $300 CLEAN YARD BY-LAW NO. 2007- 41 Page 526 of 546 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Clean Yard By-law No. 2007- 41 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2(1) Failure to keep drain in operative state. $250 2 Section 2(2) Failure to alter drain as required. $250 3 Section 3 Throw or deposit refuse on private or public land. $250 4 Section 4 Failure to provide sanitary disposal of sewage and drainage. $250 5 Section 5(1) Failure to keep land free and clear of refuse. $250 6 Section 5(2) Failure to cover refuse as may be prescribed by the Manager in writing. $250 7 Section 6 Storing vehicle for wrecking or dismantling them, or salvaging parts for sale or other disposal. $250 8 Section 7 Parking or storing any vehicles on non- surfaced parking area. $250 9 Section 8 Grass not kept less than 20 cm in height. $250 Page 527 of 546 10 Section 14(2) Fail to comply with an Order. $500 REGULATE AND LICENSE VACATION RENTAL UNITS AND OWNER OCCUPIED SHORT-TERM ACCOMODATIONS BY-LAW NO. 2001-31 (as amended by By-law No. 2021-57 and further amended by By-law No. 2021-99 and By-law No. 2025-033) For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Regulate and License Vacation Rental Units and Owner Occupied Short-Term Accommodations By-law No. 2001-31, as amended, that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. (d) All Administrative Penalty amounts in this section are per diem, meaning that they are charged once per day of a continuing contravention. Item Column 1 Designated Provision (By-law 2021-57) Column 2 Short Form Wording Column 3 Administrative Penalty 1 2.3 Own or operate, or permit the operation of a Vacation Rental Unit without a current valid licence. $1000 per diem 2 2.4 Own or operate, or permit the operation of an Owner Occupied Short-Term Accommodation without a current valid licence. $1000 per diem 3 2.5 Own or operate a Vacation Rental Unit or an Owner Occupied Short-Term Accommodation other than in accordance with the terms and conditions of a licence, the terms and conditions of this By-law. $1000 per diem Page 528 of 546 4 2.6 Advertise, promote, broker, or offer for rent or lease a Vacation Rental Unit without a current valid licence. $1000 per diem 5 2.7 Advertise, promote, broker, or offer for rent an Owner Occupied Short-Term Accommodation without a current valid licence. $1000 per diem 6 2.8 Alter or modify or permit the alteration or modification of a licence. $1000 per diem 7 2.9 Use or attempt to use a licence issued to another Person. $1000 per diem 8 2.10 Own, operate or carry on any business in any other name other than in the name that appears on the licence. $1000 per diem 9 2.11 Knowingly makes a false statement in an application, declaration, affidavit or paper writing required by By-law or the City. $1000 per diem 10 2.12 Contravene any provision set out in this By- law, any other municipal by-law, federal or provincial Act, statute, or any other legislation applicable to the licensed premises. $1000 per diem + one-time charge of all legal fees and disbursements incurred by the City in any resulting prosecution 11 2.13 Remove an order or placard posted on the premises under this By-law, except an Officer. $1000 per diem 12 2.14 Own, operate or carry on any business while a licence is under an administrative suspension. $1000 per diem 13 2.15 Discriminate against any member of the public in the carrying on, conducting or operating of an Owner Occupied Short- Term Accommodation or a Vacation Rental $1000 per diem Page 529 of 546 Unit on the basis of race, colour, creed, gender or sexual orientation. PROPERTY STANDARDS BY-LAW 2015-101 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Property Standards By-law 2015-101 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty Section 2.1 Maintenance of Yards and Exterior Paths of Travel 1 Section 2.1.1 No yard shall contain dilapidated, collapsed or partially constructed structures which are not currently under construction. $350 Section 2.3 Retaining Walls and Accessory Structures 2 Section 2.3.1 All retaining walls and accessory buildings shall be kept in good repair and free from health and safety hazards and shall be protected by paint, preservative or other weather resistant material. $350 Section 2.4 Pest Prevention Page 530 of 546 3 Section 2.4.1 All buildings shall be kept free of conditions that would permit or cause an infestation of rodents, vermin and insects. Methods used for exterminating rodents, vermin or insects shall be in accordance with the provisions of the Environmental Protect Act, the Pesticides Act and any other applicable regulations, acts or municipal by-laws. $350 Section 3.5 Heating and Cooling Systems 4 Section 3.5.1 Every dwelling unit shall be provided with a heating system capable of continuously maintaining an indoor air temperature of not less than: (1) 22°C [72°F] in all habitable rooms and interior living spaces (excluding attached garages); (2) 22°C [72°F] in unfinished basement spaces; and (3) 15°C [59°F] in heated crawlspaces. $350 Section 7.2 Landlord Responsibilities 5 Section 7.2.1 Every landlord shall provide adequate vital services to each of the landlord’s occupied residential rental units, and no landlord shall cease to provide a vital service for a residential rental unit if it is occupied by the tenant. $500 Section 9.1 Obligations and Prohibitions 6 Section 9.1.1 No Owner or occupant of property shall use, occupy, allow, permit or acquiesce in the use or occupation of the property unless such property conforms to the standards prescribed in this by-law. $450 7 Section 9.1.2 No person, being the Owner, tenant or occupant of a property, shall fail to maintain the property in conformity with the standards required by this by-law. $450 Page 531 of 546 8 Section 9.1.7 Failure to comply with an Order under this by- law. $500 PUBLIC NUISANCE BY-LAW NO. 2009-73 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Public Nuisance By-law No. 2009-73 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2.1 Urinate/defecate/vomit/spit in a public place $500 2 Section 2.2 Knock over a Canada Post mailbox / newspaper box / bench / fence/ blue box / garbage can or other structure or object in a public place $400 3 Section 2.2 Attempt to knock over a Canada Post mailbox / newspaper box / bench / fence / blue box / garbage container or other structure or object in a public place $400 4 Section 2.3 Loiter in a public place $500 5 Section 2.4 Participate in a fight in any public place $500 Page 532 of 546 6 Section 2.5 Mark or apply graffiti on any public place, including signs, or private property $500 7 Section 2.6 Leave / throw / deposit any bottles / glass or other materials on public or private property $500 8 Section 2.7 Cause, permit or allow large doors or garage type doors of premises serving alcohol to remain open after 11:00pm $450 CONSOLIDATED LICENSING BY-LAW NO. 2001-31 PROHIBITIONS AGAINST ILLEGAL PEDDLING & SOLICITATION For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Consolidated Licensing By- law No. 2001-31 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 3 Operate any trade, calling, business or occupation without a licence. $500 2 Schedule 11, Section 8(5) Solicit on a highway on behalf of a commercial parking lot $500 REQUIRE ADEQUATE HEAT – RENTAL – BY-LAW NO. 93-242 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Require Adequate Heat – Rental - By-law No. 93-242 that are hereby designated for the purposes of section 434.1 of the Municipal Act; Page 533 of 546 (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2 Failure to provide adequate and suitable heat in a dwelling unit. $500 CONTROL IDLING OF VEHICLES BY-LAW NO. 98-217, as amended by BY-LAW NO. 99-217 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Control Idling of Vehicles By- law No. 98-217 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2(1) Permit vehicle to idle longer than 3 minutes $350 PLAYING OF BAND AND MUSICAL INSTRUMENTS ON CITY PROPERTY, BY-LAW NO. 99-16 Page 534 of 546 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Playing of Band and Musical Instruments on City Property By-law No. 99-16 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 2 Playing a musical instrument on a highway, park or public place $450 SWIMMING POOL BY-LAW NO. 2014-58 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Swimming Pool By-law No. 2014-58 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty Page 535 of 546 1 Section 2.1.1 No person shall excavate for, or erect, or cause or permit excavation for, or erection of, any outdoor swimming pool and/or swimming pool enclosure without first obtaining a permit from the Chief Building Official. $400 2 Section 3.1.1 An outdoor swimming pool or private spa shall not be located within any front yard. $200 3 Section 3.1.2 (residential) An outdoor swimming pool shall have no interior wall surface located within 1.8m [5.9 ft.] of the main wall of any dwelling on such lot or on any adjoining lot. $250 4 Section 3.2.1 (non- residential) An outdoor swimming pool shall have no interior wall surface located within 1.8m [5.9 ft.] of the main wall of any primary building on such lot or on any adjoining lot. $250 5 Section 4.1.1 The owner of any lands on which an outdoor swimming pool is located or erected shall erect a swimming pool enclosure around the entire swimming pool area, in accordance with the provisions of this by-law. $400 6 Section 4.1.2 The height of a swimming pool enclosure required by this by-law shall be a minimum of 1.07m [42 in.] in height, as measure from ground level at the exterior face of the enclosure. $350 7 Section 4.5.4 No person shall keep an outdoor swimming pool or private spa unless it is maintained in good repair and working condition. $250 8 Section 4.5.5 No person shall cause or permit an outdoor swimming pool or private spa to contain standing water for a period in excess of three (3) days. $250 FENCE BY-LAW NO. 2005-70, as amended by BY-LAW NO. 2014-153 For the purpose of PART III of this By-law: Page 536 of 546 (a) Column 1 in the following table lists the provisions in the Fence By-law No. 2005-70, as amended by By-law No. 2014-153 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 3.1 No person shall erect, or caused to be erected, or maintain or cause to be maintained, any fence within the municipality unless such fence is a lawful fence. $350 2 Section 4.1 No fence shall be maintained, or caused to be maintained, in a damaged or disrepaired state of condition by reason of fire, decay or otherwise and all fences shall be constructed or caused to be constructed in a sound manner and shall be straight and true. $350 3 Section 6.1 Subject to section 5 of this By-law, no fence of a height greater than 1 metre above the adjoining ground level, shall be erected or maintained, or caused to be erected or maintained, in any front yard, provided, however, that the portion of any such fence erected or maintained along the side or rear lot line of the rear yard of any adjoining property may be of a height not greater than 2.5 metres. $300 4 Section 7.1 Subject to section 5 of this By-law, no fence of a height greater than 2.5 metres above the adjoining ground level, shall be erected or $300 Page 537 of 546 maintained, or caused to be erected or maintained, in any rear yard, provided, however, that the portion of any such fence erected or maintained along the side lot line of the front yard of any adjoining lot shall not be of a height greater than1 metre unless such fence is erected or maintained in the rear yard of a corner lot along the side lot line of the front yard of an adjoining property, in which case the fence may be erected or maintained to a height not greater than 2.5 metres. SIGN BY-LAW NO. 2021-24 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Sign By-law No. 2021-24 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 3.3.1 Except for signs referred to in section 3.5.1, no person shall erect, display or maintain a sign on private property unless a permit is obtained under the provisions of this By-law prior to the erection for that sign. $450 2 Section 3.6.1 Any sign not expressly permitted by this By- law is prohibited and without limiting the $400 Page 538 of 546 generality of the foregoing, the following signs are specifically prohibited: (a)A sign located on or over public property; (b)Bench sign; (c)A sign located so as to obstruct the view of any pedestrian or motorist so as to cause an unsafe condition; (d)A sign attached to or displayed on a vehicle or trailer which is parked or located for the primary purpose of displaying the sign or advertisement; (e)A sign which obstructs or is located in a parking space that is required to enable the premises upon which the portable or temporary sign is located to comply with the requirements of a City of Niagara Falls Zoning By-law; (f)A sign located in a daylight triangle; (g)An inflatable sign; (h)No sign located within 30 metres of an intersection shall contain any green or red lettering or graphics that are illuminated or flashing; (i)Any sign which violates in any way any statute, regulation or by-law of the Government of Canada, the Province of Ontario, the Region or the City. 3 Section 4.1 No sign shall be located so as to obstruct the view of the movement of traffic or pedestrians upon any street or railway crossing to persons using or seeking to use the street or railway crossing or of the view of any traffic signal located on or near the street, lane, highway or railway crossing. $400 4 Section 4.2 Except where otherwise permitted, no sign shall be fixed, attached to or painted onto a fence, board, tree, transit shelter, splash $400 Page 539 of 546 guard, safety or guard rail, utility pole, street furniture, trash or recycling bin. 5 Section 4.7 A sign must be located or displayed at a location where that type of sign is permitted and must comply with the regulation applicable to that type of sign in that location. $350 ANIMAL CONTROL BY-LAW NO. 2019-35 For the purpose of PART III of this By-law: (a) Column 1 in the following table lists the provisions in the Animal Control By-law No. 2019-35 that are hereby designated for the purposes of section 434.1 of the Municipal Act; (b) Column 2 in the following table sets out the short form wording to be used in a Penalty Notice for the contravention of the designated provisions listed in Column 1; (c) Column 3 in the following table sets out the Administrative Penalty amounts that are payable for contraventions of the designated provisions listed in Column 1; (d) Sections 446 and 434.2 of the Municipal Act, apply to the enforcement of this By-law, providing that in the case of a default by a person being directed or required to comply with the By-law, the City may enter upon the land at any reasonable time and comply with the By-law at the Person’s expense, add the costs of complying with the By-law and any unpaid Administrative Penalty, including any administrative fees, to the tax roll, and collect both added amounts from the person in the same manner as property taxes; (e) The provisions listed below are only a select few of the set fine provisions from Schedule G of the Animal Control By-law No. 2019-35. The balance of the set fine provisions from the By-law that are not specifically referred to below in the Penalty provisions continue to apply and will undergo the enforcement provisions of the said By- law. Item Column 1 Designated Provision Column 2 Short Form Wording Column 3 Administrative Penalty 1 Section 3.1.1 Failing to register a dog with the City. $100 2 Section 3.4 Failing to renew a dog registration with the City. $100 Page 540 of 546 3 Section 3.16 Permitting a dog to run at large $150 4 Section 3.32 Permitting a dog to (bite/attack/chase) a person $250 5 Section 3.32 Permitting a dog to (bite/attack/chase) an animal $250 6 Section 3.34 Failing to comply with a notice respecting a dangerous dog $500 7 Section 3.40 Failing to immediately remove dog feces $100 8 Section 3.42 Keeping more than three (3) dogs over ten (10) weeks of age on a premises $150 9 Section 4.16 Permitting livestock to run at large $300 10 Section 4.38 Owner-(allow/permit) persistent barking by any domestic pet $200 11 Section 4.38 Owner-(allow/permit) persistent whining by any domestic pet $200 12 Section 4.38 Owner-(allow/permit) persistent calling by any domestic pet $200 13 Section 4.39 Owner- fail to comply with Regulations in Schedule “D” as it pertains to the keeping of Chickens $250 14 Section 4.42 Permitting a cat to run at large $150 15 Section 4.51 (Keep/Permit to be kept/Harbour) more than three cats on a premises $150 16 Section 5.4 Obstructing an officer in the execution of (his/her) duties $300 Page 541 of 546 CITY OF NIAGARA FALLS By-law No. 2025-036 A by-law to amend By-law No. 2025-072 to include Owner Occupied Short-Term Rental as an Accommodation Property to be subject to a Municipal Accommodation Tax. WEREAS the Council of the City of Niagara Falls passed a By-law No. 2025-072 to impose a Municipal Accommodation Tax in respect of the purchase of transient accommodation within the City of Niagara Falls; AND WHEREAS the Council of the City of Niagara Falls approved Official Plan Amendment 180 and Zoning By-law No. 2025-032 on July 8th, 2025 to allow for Owner Occupied Short-Term Rentals; AND WHEREAS the Council of the City of Niagara Falls considers it desirable to amend By-law No. 2025-072 to include Owner Occupied Short-Term Rentals as an additional class of short-term accommodations, NOW THEREFORE the Council of the Corporation of the City of Niagara Falls enacts as follows: 1) That SECTION 1, Definitions of By-law No. 2025-072 is amended by deleting Subsection 1.1.2(1) and replacing it as follows: “1.1.2(1) a hotel, motel, inn, bed and breakfast, owner occupied short-term rental, whole home vacation rental, vacation rental unit or other such lodging; and” 2) All other applicable provisions and regulations set out in By-law No. 2025-072 shall remain the same and shall continue to apply, with the necessary changes in detail. 3) This By-law will become effective the day following the final day of appeal of Official Plan Amendment No. 180 and Zoning By-law No. 2025-032, provided no appeals are received. Read a First, Second and Third time; passed, signed and sealed in open Council this 8th day of July, 2025. ....................................................................... .................................................................. MARGARET CORBETT, DEPUTY CLERK JAMES M. DIODATI, MAYOR Page 542 of 546 CITY OF NIAGARA FALLS By-law No. 2025 - 086 A by-law to amend By-law No. 2002-081, being a by-law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by-laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . By-law No. 2002-081 is amended by deleting Schedule “A” and that Schedule “A” attached hereto shall be inserted in lieu thereof. Read a first, second, third time and passed. Signed and sealed in open Council on this 8th day of July, 2025. ............................................................... ........................................................... MARGARET CORBETT, DEPUTY CLERK JAMES M. DIODATI, MAYOR Page 543 of 546 SCHEDULE “A” 1. Chief Building Official: Luciano Chieca 2. Deputy Chief Building Official: Frank Peter 3. Inspectors: Jehad Ochana Fred Sacco Sandro Elia Effat Effat Jesse Mancino Cesar Ramires Frank Genovese Kathy Repergel Louie Baldinelli Chan Chen Kelvin Jacobi Tamer Mikhail Nicholas Andres Doug Evans Antonio Nadile Jamie Cerminara 4. Fire Chief: Jo Zambito 5. Deputy Fire Chief: Ken Henry Scott Lawson 6. Fire Prevention Officers: Ben Trendle Frank Devereaux Kellie Kubik Doug Collee Meghan Edgar Karen Borne Robert Kirk A.J. Lunn Page 544 of 546 CITY OF NIAGARA FALLS By-law No. 2025 – 087 A by-law to amend the by-law to provide for citizen appointments to certain Committees, Boards and Commissions. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That by-law 2023-028 be amended by adding the additional citizen appointments: 12. LICENSING APPEALS COMMITTEE: • Elena Berezovskaia • Frank De Luca • Frank Messina • Laurie Taylor • Roderick McRae That the aforementioned appointments are for the remainder of the 2023 – 2026 term. Read a first, second, third time and passed. Signed and sealed in open Council this 8th day of July, 2025. ................................................................ ................................................................ MARGARET CORBETT, DEPUTY CLERK JAMES M. DIODATI, MAYOR Page 545 of 546 CITY OF NIAGARA FALLS By-law No. 2025 - 088 A by-law to adopt, ratify and confirm the actions of the City Council at its meeting held on the 8th day of July, 2025. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 8th day of July 2025 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Read a first, second, third time and passed. Signed and sealed in open Council this 8th day of July, 2025. ........................................................ ……........................................................... MARGARET CORBETT, DEPUTY CLERK JAMES M. DIODATI, MAYOR Page 546 of 546