Registration of residential units in houses
207.3(1)In this section, “residential unit” means a unit that, (a) consists of a self-contained set of rooms located in a building or structure, (b) is used as a residential premises, (c) contains kitchen and bathroom facilities that are used only by the occupants of the unit, (d) is used as a single housekeeping unit, which includes a unit in which no occupant has exclusive possession of any part of the unit, and (e) has a means of egress to the outside of the building or structure in which it is located, which may be a means of egress through another residential unit; (“unité d’habitation”) “two-unit house” means a detached house, a semi-detached house or a row house which contains two residential units.(“maison à double logement”) Registration (2)The council of every municipality which has the authority to pass by-laws under section 34 of the Planning Act may pass by-laws, (a) providing for the registration of two-unit houses or such classes of them as may be set out in the by-law and the revocation of registrations; and (b) appointing a registrar to register two-unit houses in a public register, to revoke registrations and to perform such other duties related thereto as may be set out in the by-law. Content of by-law (3)A by-law passed under this section may, (a) prohibit any person from operating or permitting the occupancy of more than one residential unit in a two-unit house unless the house is registered; (b) specify the standards which must be met to register a two-unit house or any class of two-unit houses; (c) require such inspections of two-unit houses as are necessary to determine, before registration, if they comply with the standards specified in the by-law; (d) designate one or more persons as inspectors for the purposes of this section; and (e) fix fees for the registration and inspection of two-unit houses. Single registration (4)A two-unit house, once registered, remains registered without payment of any renewal or other fees, unless the registration is revoked. Requirement for standards (5)The standards specified in the by-law for registration of a two-unit house may only include any combination of standards which apply to the two-unit house at the time of registration and which are prescribed, (a) in a by-law passed by the municipality, other than a by-law authorized by this section; and (b) by statute or regulation. Entry and inspection (6)Subject to subsection (7), an inspector may at all reasonable times and upon producing proper identification, enter upon land and into buildings without a warrant to inspect a building for compliance with a by-law under clause (3) (a), (b) or (c). Where warrant required (7)Except under the authority of a search warrant issued under subsection (8), an inspector shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, having first informed the occupier that the right of entry may be refused and entry made only under the authority of a search warrant. Search warrant (8)Section 49.1 of the Planning Act applies with necessary modifications to an offence alleged to have been committed under a by-law passed under this section. Obstruction (9)No person shall obstruct or attempt to obstruct an inspector in carrying out an inspection under this section. Offence (10)Every person who contravenes subsection (9), and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence. Appeal (11)The decision of the registrar to refuse or revoke the registration of a two-unit house is subject to an appeal to the Ontario Court (General Division) and the decision of the court is final. 1996, c. 4, s. 54.