2010-206 Licensing of Group HomesTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2010 -206
"Group Homes By -law"
A By -law to Require the Licensing of Group Homes within
the Township of Oro - Medonte and to Repeal By -Law No. 2005 -038
WHEREAS the Municipal Act, S.O. 2001, c.25, as amended, s.11 authorizes a
lower -tier municipality may pass by -laws, respecting health, safety and well -being of
persons; protection of persons and property, including consumer protection;
AND WHEREAS the Municipal Act, S.O. 2001, c.25, as amended, s.151 sets out
that a municipality may provide for a system of licenses with respect to a business;
AND WHEREAS the Municipal Act, S.O. 2001, c.25, as amended, s.163 sets out
that a municipality shall not pass a business licensing by -law for group homes
unless there is in effect in the municipality a by -law passed under section 34 of the
Planning Act that permits the establishment and use of group homes in the
municipality.
AND WHEREAS the Council for The Corporation of the Township of Oro - Medonte
did enact By -law No. 2003 -091, being a by -law to adopt Amendment No. 17 to the
Official Plan, as amended, on the 21 st day of August 2003, with respect to group
homes;
AND WHEREAS the Council for The Corporation of the Township of Oro - Medonte
did enact By -law 2005 -037, being a by -law to amend Section 6.0 Definitions and
Table Al and Table A4 of By -law 97 -95, as amended, on the 20th day of April 2005,
with respect to group homes;
AND WHEREAS the Council for The Corporation of the Township of Oro - Medonte
did enact By -law 2005 -038, being a by -law to require the registration of group
homes with the Township of Oro - Medonte on the 20th day of April, 2005.
AND WHEREAS the Municipal Act, S.O. 2001, c.25 was amended which repealed
the authority to register group homes and provided the authority to license group
homes.
AND WHEREAS the Council for The Corporation of the Township of Oro - Medonte
deems it advisable to exercise the authority to require the licensing of Group Homes
within the Township of Oro - Medonte;
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
DEFINITIONS
1.1 For the purpose of this by -law the following definitions shall apply:
a) "Annual" means per calendar year.
b) "Correctional Residential Care Home" as defined in the Township of
Oro - Medonte's Comprehensive Zoning By -law, By -law 97 -95, as
amended.
c) "Council" means the elected Council for The Corporation of the
Township of Oro - Medonte.
d) "Crisis Care Facility" as defined in the Township of Oro - Medonte's
Comprehensive Zoning By -law, By -law 97 -95, as amended.
e) "Group Home" shall have the same meaning as "Group Homes" and
shall for the purposes of this by -law, mean "Residential Care Home ",
"Correctional Residential Care Home ", "Crisis Care Facility" as defined
in the Township of Oro - Medonte's Comprehensive Zoning By -law, By-
law 97 -95, as amended or as defined in Section 163(3) of the
Municipal Act, S.O. 2001, c.25, as amended.
f) "Building Inspectors" means any person appointed by the Township as
for the purposes of enforcing the by -laws of a municipality.
g) "Residential Care Home" as defined in the Township of Oro - Medonte's
Comprehensive Zoning By -law, By -law 97 -95, as amended.
2. LICENSING
2.1 No person shall carry on, conduct, operate, lease or maintain a group home
within the corporate limits of the Township without a license.
3. APPLICATION FOR LICENSING
3.1 The Clerk of The Corporation of the Township of Oro - Medonte is authorized
to license in the prescribed form in Schedule "A" attached hereto which forms
part of this By -law.
3.2 All operators and /or owners of a Group Home within the Township of Oro -
Medonte must, on an annual basis, complete the Application for License of
Group Homes.
3.3 All licenses require inspections, by the Township of Oro - Medonte's Fire &
Emergency Services Department and Building Inspectors, to ensure
compliance with all applicable legislative requirements.
3.4 All licenses expire on December 31 st of each calendar year. Owners/
operators of group homes must re- license on an annual basis in order to
maintain compliance with this by -law.
3.5 License of a Group Home is required as a condition of Site Plan approval.
3.6 Any person is prohibited from owning or operating a Group Home, in the
Township of Oro - Medonte, that is not licensed in accordance with this by-
law.
4. FEES
4.1 The fee for the license of a Group Home shall be as described in the Fees
and Charges By -law for the respective inspections.
5. ENFORCEMENT & FINES
5.1 Where the Township of Oro - Medonte believes that a person is operating a
Group Home that is not licensed in accordance with this by -law, the Clerk or
a person acting on his or her instructions may, under the authority of a
search warrant issued under the Provincial Offences Act, enter and inspect
the property for the purposes of determining whether or not the property is
being used as a Group Home.
5.2 The Township of Oro - Medonte will notify the Provincial Licensing authority of
any person operating a Group Home that is not in compliance with this by-
law.
6 ENACTMENT
6.1 That the attached Schedule "A" — Application for License of Group Homes,
shall form part of this by -law.
6.2 This By -law may be referred to as the "Township of Oro - Medonte Group
Homes By -law ".
6.3 This By -law shall come into full force and effect on the date of its final
passing.
6.4 That By -law No. 2005 -038 is hereby repealed in its entirety.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 15TH
DAY OF DECEMBER, 2010.
THE COf3PORATION OF THE TOWNSHIP OF ORO- MEDONTE
n
Schedule `A' to By -law No. 2010 -206
Application for Group Home License
Type of Facility:
Name of Facility:
Municipal Address:
Legal Description:
Roll Number: 4346-
Owner(s) Name:
Owner's Address:
Owner's Telephone /e -mail:
Applicant (other than Owner):
Applicant's Address:
Applicant's Telephone /e -mail:
Agent (for owner or applicant):
Letter of owner's authorization required to accompany application
Ministry of C &SS
License No:
Facility Information:
Number of residents
Number of residents requiring assistance in evacuation
Number of Staff
Owner /Applicant/Agent Signature:
Date:
OFFICE USE:
Building Division Inspection /Comments:
Date:
Signature:
Schedule `A' to By -law No. 2010 -206
Fire & Emergency Services Department Inspection /Comments:
Date:
Planning Division Comments:
Date:
Signature:
Signature:
Transportation and Environmental Services Department Comments:
Date:
Signature:
GROUP HOME LICENSE NUMBER: