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CAPE
BRETON
REGIONAL
MUNICIPALITY
LICENSING BY- LAW FOR SHARED DWELLINGS
L- 100
Made pursuant to Sections 174( a) and 172(e)(i)of the Municipal Government Act ofNova Scotia
1. 0
Title, Scope and Interpretation
Pursuant
to
Section
174( a) of the Municipal Government Act, BE IT ENACTED by the
Council of the Cape Breton Regional Municipality (CBRM) as follows:
1)
This By- law shall be known as the " Licensing By- law for Shared Dwellings"
2)
Where a provision of this By- law conflicts with the provisions of another By- law in
force within the Municipality, the more stringent provision prevails.
WHEREAS the Cape Breton Regional
Municipality
intends to regulate Shared Dwellings:
To streamline communication and compliance for Shared Dwelling Owners/ Operators
within the CBRM
in a cost- effective
manner.
To ensure the safe operation of all Shared Dwellings within the Municipality by
enforcing established licensing requirements.
To
minimize
disturbances
to
neighbouring
residents
through
proper
practice
of
property
maintenance.
the Council of the Cape Breton Regional Municipality hereby adopts this By- law.
1. 1
Authority
Under Section
174( a) of the Municipal Government Act, a Council
may make By- laws
respecting the regulation and licensing of persons owning or operating rooming houses
or boarding
houses
and
regulating
the
maintenance,
administration,
operation
and
occupancy of buildings used as rooming houses or boarding houses and the land on which
they are located.
For the purposes of this By- law, lodging, boarding and rooming houses are synonymous
with the defined
term
Shared
Dwellings.
1. 2
Interpretation
1)
The objective of this By- law is to define and enforce licensing requirements for the
operation of Shared Dwellings. These licensing requirements are intended to ensure
the continued
safety of such properties.
2)
The provisions set forth within this By- law represent the baseline requirements for
licensing, this By- law does not diminish the obligations stipulated for structures,
constructions,
repairs, and
modifications
as outlined
in any other applicable
By- law.
Cape Breton Regional
Municipality
Licensing
By- law for Shared
Dwellings,
L- 100
Page
2
2. 0
Definitions
Building Official" means those qualified individuals appointed by Council of the Cape
Breton
Regional
Municipalityto
administer
and enforce the requirements
of the NovaScotia
Building Code Act and Regulations.
Dwelling" means a residential building, or portion thereof, occupied, or capable of being
occupied as a residence by one or more persons, containing one or more Dwelling Units. A
Dwelling may include a One- unit Dwelling, mobile home, Converted Dwelling, duplex, semi-
detached, Apartment Dwelling, townhouse, a recreational vehicle with a service connection
to the Nova Scotia Power Inc. power grid, or a Dwelling Unit( s) within
a business or
institutional building.
Dwelling, Apartment"
means
a building containing three or more Dwelling Units and
includes
a converted
Dwelling.
Dwelling, Converted" means a building originally constructed as a one- unit Dwelling or
two-unit Dwelling that has been lawfully converted into a two- unit Dwelling or Apartment
Dwelling.
Dwelling, One- Unit" means a detached Dwelling containing one Dwelling Unit and may
include a secondary suite. This does not include a recreational vehicle.
Dwelling, Semi- detached" means a building containing two dwelling units arranged side by
side and separated vertically by a common wall extending from the foundation to the roof.
Dwelling, Shared" means a use where Sleeping Rooms are rented for remuneration as
separate rooms for residential accommodation and include shared bathroom and kitchen
facilities made available to all tenants. This does not include an accommodation business
such as a hotel, motel, or dormitory operated by a university rented to students who are
enrolled
full- time.
Dwelling, Townhouse" means a building containing three or more dwelling units arranged
side- by- side each with a separate exterior entrance and separated vertically by a common
wall extending from the foundation to the roof located on a lot abutting a public street.
Dwelling, Two- unit" means a building containing two dwelling Units and may include a
duplex, semi- detached Dwelling, or a converted one- unit Dwelling.
Dwelling
Unit" means one or more habitable rooms intended for use by one or more
individuals
as
an
independent
residential
establishment
in which
separate
kitchen
and
sanitary facilities
are
provided
for the exclusive
use of such individual
or individuals.
This
Cape Breton Regional
Municipality
Licensing
By- law for Shared
Dwellings,
L- 100
Page
3
does not include an accommodation
business but does include individual units located
above the ground floor of a mixed- use building.
Enforcement
Officer" includes
a CBRM
Building Official, or any other person as appointed
bythe Directorof Planningand Development.
Habitable Room" means a room, other than a non- habitable room, designed for or which
may be used for living, sleeping, eating or cooking.
Licensing Authority" means employee or agent of the Municipality as designated by the
Director of Planning and Development to receive applications for a licence under this By-
law;
Municipality" means the Cape Breton Regional
Municipality
Non- Habitable
Room" means an area of a building other than a Habitable Room in a
Dwelling or Dwelling Unit, and includes:
a)
a bathroom
or shower
room;
b)
a toilet
room;
c)
a laundry room;
d)
a boiler room;
e)
a furnace
room;
f) a pantry;
g)
a closet;
h)
a corridor;
i)
a foyer;
j)
a stairway;
k)
a lobby; or,
1)
other space for services or maintenance of the Dwelling or access to and vertical travel
between
stories.
Operator" the person managing or receiving the rent from the land or premises, whether
on his account or as agent or trustee of any other person;
Owner" includes:
a)
a part Owner, joint Owner, tenant in the common or joint tenant of the whole or any
part of the land ora building or a person who is entitled to possession as a tenant in fee
simple, for life, or a term of not less than twenty years;
b) in the case of the absence or incapacity of the person having title to the land or
building, a trustee, an executor, a guardian, an agent, a mortgagee in possession or a
person having the care or control of the land or building;
c) where the mortgagee of land is not in possession, the person entitled to the equity of
redemption;
Cape Breton Regional
Municipality
Licensing
By- law for Shared
Dwellings,
L- 100
Page
4
d) in the absence of proof to the contrary, the person assessed for the property;
e) a person who is assessed for the building as of the date of any alleged violation;
f) the person who is entitled to possession by reason of an agreement of sale between
that person and the Owner of the property.
Owner Occupied" means the Owner continuously occupies the property as one' s primary
residence and does not rent out more than 3 Habitable Rooms.
Sleeping Room" means a single private room occupied by no more than two people which
is intended for use as a residential premises within a Shared Dwelling, separated from
other rooms by a door. This may include a kitchen or bathroom facility but not both.
3. 0
General
Provisions
1)
It is an offence underthis By- law for any person to operate a Shared Dwelling unless
it is in compliance with all provisions of this By- law.
2)
It is an offence to operate a shared dwelling without first obtaining a licence subject
to the provisions of this By- law.
3)
A licence under issued this By- law is not transferable.
a)
In the event that the Owner of a Shared Dwelling should change, the new Owner
shall be required to submit a new licence application along with all applicable
fees within 90 days of ownership.
3. 1
Owner/ Operator
Obligations
1)
The Owner of a building utilized for the purpose of a Shared Dwelling is obligated to
conduct the building' s operations in accordance with the provisions outlined within this
By-law as well as the By-law M- 100 Minimum Standards By- law.
2)
It is an offence for any individual to engage in the operation, or rental, of a Shared
Dwelling whether in whole or in part, unless a licence has been obtained.
3)
It is an offence to operate
a Shared
Dwelling outside compliance
with all applicable
CBRM By- laws along with Nova Scotia Building Code Regulations, National Building
Code, and Fire Safety Regulations.
4) A copy of the approved Shared Dwelling Licence must be posted conspicuously in a
common
room
accessible
to all occupants.
3. 2
Shared Dwelling Licence Application
1)
The Owner of a Shared
Dwelling
is obligated
to obtain
a
licence
annually
in
accordance
with the provisions
outlined
within this By- law.
Cape Breton Regional
Municipality
Licensing
By- law for Shared
Dwellings,
L- 100
Page
5
2)
Every Shared Dwelling Licence application must include the following information
for the appointed Licensing Authority to consider the operation for licensing:
a)
Owner contact information;
i.
Name
ii. Address
iii. Phone number
iv. Email
b)
If not the same as Owner, Operator
contact
information;
i.
Name
ii. Address
iii. Phone number
iv. Email
c) Applicant
Property Information;
i.
Street Address of Property
ii. Labelled
Floor Plan
1. #
of Sleeping
Rooms;
2. #
of toilets;
3. #
of showers/
bathtubs;
4. #
of parking spaces and location ( if provided)
d) Proof of liability insurance for the proposed use;
e) A copy of the CBRM issued occupancy permit;
f) Signed
acknowledgement
from
the
applicant
that
Municipal
and
all
other
appropriate
authorities
with jurisdiction
may enter the property, including
all
buildings and Dwellings, in order to complete initial and annual inspections, as
well as in the instance of determining compliance with this By- law;
g) Shared Dwelling Licence fee payment, subject to CBRM Licence Fee Policy
3) It is an offence under this By- law to provide the Enforcement Officer with false
information.
3. 3
Shared Dwelling Licence Requirements
1)
No Shared Dwelling Licence shall be issued or renewed unless;
a)
the Shared Dwelling
Licence application
is complete;
b) the applicant property conforms to the Land Use By- law;
c) an Occupancy Permit has been obtained for the building;
d) the property is in compliance with the Minimum Standards By- law;
e) if applicable, any outstanding development and subdivision applications are
approved.
4. 0
Licence
Renewal
1) A Shared Dwelling Licence is only valid for one year from the date of issuance and
must be renewed a minimum of 30 days before the expiry date of the Shared
Dwelling
Licence.
Cape Breton Regional
Municipality
Licensing
By- law for Shared
Dwellings,
L- 100
Page
6
2) Shared Dwelling Licences past their expiry date or within 30 days of expiry will not be
renewed
and
are void.
3) Shared
Dwelling
Licence
renewal
applications
must
meet
all provisions
set out in
Subsections
3. 3 and 4. 0 of this By- law.
4) At the time of renewal, the Owner
must
provide
the most
current
information,
floor
plans
do not
need to be re- submitted
if no changes
have
been
made.
5. 0
Inspections
and Orders of the Enforcement
Officer
1) Where an inspection
is required pursuant to this By- law, it shall be conducted in
accordance with CBRM' s M- 100 Minimum Standards By- law;
2) Underthis By- law, inspectionsare mandatory priortoa Shared Dwelling Licence being
issued or renewed.
3) Properties may be exempt from an inspection if a Building and Development Permit
was approved to establish a Shared Dwelling within 6 months of the date to request
a Shared Dwelling
Licence.
4) It is an offence underthis By- law to refuse access orto interfere with an Enforcement
Officer performing their duties.
6. 0
Enforcement
1)
This By- law may be enforced by any Enforcement Officer appointed by the Director
of Planning and Development.
2)
The Enforcement
Officer may order the Owner of a Shared Dwelling to remedy the
condition
of the premises
when any of the provisions of this By- law has been
violated.
6. 1
Revocation
or Suspension
of a Shared Dwelling Licence
1)
An Enforcement Officer may revoke or suspend an issued licence at any time where;
a) the Owner/ Operator attached to the licence has violated any provisions of this
By- law;
b)
the
officer
has
been
provided
false
or
incorrect
information
by
the
Owner/ Operator;
c)
the Shared Dwelling
Licence was issued in error.
2)
Shared Dwelling Licence suspension may not exceed a period of 90 days, at which
point the Shared
Dwelling
Licence
will be
revoked
and void.
Cape Breton Regional
Municipality
Licensing
By- law for Shared
Dwellings,
L- 100
Page
7
6. 2
Penalties
1)
Any item
in this
by- law which
is determined
by the inspector to be
in non-
compliance
is deemed
an offence.
2)
For
each
offence,
imposing
a fine
not
less than $ 250. 00 ( two hundred and fifty
dollars) and
not exceeding $
10, 000. 00 ( ten thousand dollars) or imprisonment for
not more than one year or both, including the imposition of a minimum fine.
3)
Every day during which an offence pursuant to this by law continues is a separate
offence
4) Any person who removes, defaces or makes illegible
a notice or order posted
pursuant to this By- law is guilty of an offence and is liable, on summary conviction,
to
a penalty
of
not
less
than
one
hundred
dollars ($
100. 00) nor
more
than
five
thousand
dollars ($ 5, 000. 00) and in default of payment, to imprisonment for a
period of not more than ninety ( 90) days.
7. 0 Severability
If a court of competent jurisdiction should declare any section or part of a section of this
By- law to be invalid, such section or part of a section shall not be construed
as having
persuaded or influenced Council to pass the remainder of the By- law and it is hereby
declared that the remainder of the By- law shall be valid and shall remain in force.
PASSED AND ADOPTED by a majority of the whole Council at a duly called meeting of the
Cape Breton Regional Municipality held on May 14th, 2024.
MAYOR
MUNICIPAL
CLERK
THIS IS TO CERTIFY that the attached is a true and correct copy of the Licensing By- Law for Shared
Dwellings
of the Cape Breton Regional
Municipality.
CHRISTA DICKS, MUNICIPAL CLERK
Publication
Date: May 18, 2024