Apartments in Houses:
(BILL 120 AND BILL 20)

1. The previous Provincial Government has passed Bill 120 known as the Residents’ Rights Act, 1994, which amended the Landlord/Tenant Act, the Rent Control Act, the Rental Housing Protection Act, the Planning Act and the Municipal Act.
    
2. Bill 120 did permit existing and newly created apartments in certain types of detached, semi-detached and row houses, having the effect, of overriding municipal zoning prohibitions in districts currently zoned for single dwelling units only, subject to certain conditions and restrictions including parking, septic systems, floodplain proximity, size of apartment/rooms, and the health and safety requirements set out in the Ontario Fire Code, the City’s Property Standards By-law, the Ontario Building Code and the Electrical Safety Code where applicable.
    
3. The current Provincial Government has repealed certain sections of the Residents’ Rights Act, 1994, thereby prohibiting new apartments in houses, by passing Bill 20 which became effective on May 22, 1996.
    
4. The effect of the legislation is to prohibit new apartments in houses created after May 22, 1996, while existing apartments in houses which were used or occupied on or before November 16, 1995 will be permitted (“grandfathered”) provided they conform with the requirements of the original Bill 120.  Apartments created between November 16, 1995 and May 22, 1996 are also permitted if a Building Permit was issued.
    
5. In order to ensure the requirements of all of the above issues have been met for an existing apartment, an application must be completed at Welland City Hall, Integrated Services - Building Division.  The application is a request to permit an apartment which existed prior to November 16, 1995.
    
6. For an apartment which existed prior to November 16, 1995, it is your responsibility to ensure inspections are performed by the Fire Prevention Officer (905-735-9922), the Property Standards Officer (905-735-1700) and the Electrical Inspector-Ontario Hydro (905-227-5380) to determine what remedial work, if any, needs to be performed to comply with the various regulations.  If work is required, a Building Permit will be issued, provided all other concerns are met, and remedial work may then proceed.
    
7. The Permit issued by the City for the remedial work required to upgrade an existing apartment, would in essence “recognize” the apartment as legal, provided of course, the work of the Permit is performed and inspected accordingly.
    
8. A separate detached structure known as a ‘garden suite’ requires Council approval in the form of a Temporary Use By-law.
    
9. The Owner is responsible for complying with all Statutes, Regulations and By-laws concerning “Apartments in Houses” and is liable if the requirements are not met.