MAYOR STATEMENT ON PROVINCIAL SHORT-TERM RENTAL REGULATIONS
Posted: Nov 29, 2023 | By: Communications
At the Regular Council Meeting on November 28, 2023, Tofino Mayor Dan Law addressed the recent Short-Term Rental Accommodations Act proposed by the Province on October 16, 2023.
Here is the full statement:
" I would like to take time to address BC’s Short-Term Rental Accommodations Act tabled by the Province of British Columbia on October 16, 2023.
Tofino is a unique community and a place that has become increasingly desirable to live and visit. Like much of the province, our community is facing significant housing challenges. Affordable long-term housing continues to be a top priority for this Council. B.C.'s recently tabled Short-Term Rental Accommodations Act marks a significant step towards achieving our shared goal of sustainable housing solutions. The legislation tabled by the province has several implications for Tofino that I would like to offer some clarity on:
- Immediately after this legislation gains Royal Assent (within the coming months), increased fines and tickets up to $50,000 may be imposed on illegal short-term rentals in Tofino. These fines will be backed by Provincial enforcement.
- On May 1, 2024, legal non-conforming protections will no longer be applicable to short-term rentals in all BC municipalities, including Tofino.
- Starting Summer 2024, data sharing will begin between the Province, The District of Tofino, and short-term rental platform operators (including Airbnb etc.). This will make it easier for the Province and the District to identify and enforce non-compliant Short-Term Rental operations.
- In Late 2024, the Province will launch a Short-Term Rental registry and will require platforms to remove listings without valid provincial registry numbers.
- The Province will impose a principal residency requirement which will limit short-term rentals to:
- The host’s principal residence
- Plus, one secondary suite or accessory dwelling unit
Though currently exempt, communities under 10,000 as well as resort communities may choose to opt into the principal residency requirement.
I would like to emphasize, that the District will fully embrace the increased provincial Short-Term Rental enforcement measures which in and of themselves will make a positive impact on our community and on Tofino’s housing supply.
Those who hold a business licence for a short-term rental with legal non-conforming status, and choose to renew their business licence for 2024, will not be issued a refund should their business be impacted. For all legal non-conforming status business enquiries, please contact bylaw services.
Prior to this legislation announcement, the District of Tofino has taken proactive measures and determined efforts to address the growing housing challenges in Tofino, including:
- The creation of a full-time Business Licence Inspector position to proactively enforce illegal short-term rentals.
- A provision that requires business licence holders to provide long-term accommodations on vacation rental properties (caretaker suites or cabins)
- Restoration of the Tofino Housing Corporation in 2017, followed by significant affordable housing developments including the Headwaters project approaching completion within the year that will increase local housing stock by 10%.
- A 3% tax on online accommodation providers (Airbnb) that is provided to the Tofino Housing Corporation.
- A nearly $3 million application to the CMHC Housing Accelerator Fund
- A limit on new tourist accommodation zonings and provisions on new developments.
Further to this, in late 2022, Council directed staff to explore possible amendments to the Zoning Regulations Bylaw and to conduct a Short-Term Rental Review to specifically explore how increasing Short-Term Rental restrictions could help address the housing challenges in Tofino. These preliminary discussions included both zoning and principal residency requirement changes. This work has been paused while staff await detailed regulations for the Province’s aforementioned legislation.
Council recognizes there is more work to be done to address housing needs in this community. Council is also aware of the impact Provincial regulations may have on residents’ livelihoods, residents’ lived experience, housing equity, our local economy, and more.
In the coming weeks, further details of the proposed Provincial regulations are expected to be announced, and Council is awaiting those specifics. As a Resort Municipality, Tofino has the option to opt into the principal residence requirement. Prior to any decision, there will be a thorough public consultation process to allow all voices of this community to be heard. Stay tuned for this engagement window, which I encourage all residents to participate in.
In the meantime, Council and staff have engaged in conflict-of-interest examinations to ensure the District’s decision making process regarding this matter remains transparent and unbiased.
I would like to express the District's gratitude to those who have written to myself and Council regarding the Short-Term Rental legislation. Robust community feedback is vitally important as we navigate the complexities of housing policies and their implications for our community as a whole. Together, we can successfully navigate these opportunities and challenges to ensure our community thrives and becomes more equitable and liveable for all. "
Inspired to Engage?
Please note that prior to any decision on this matter, a thorough public consultation process will precede any decision by Council to opt in or out of the principal residence requirement. Stay tuned for the public engagement window and details on how to participate and have your voice heard.
In the meantime, please note that letters received by members of Council are added to the public record. If you would like your letter to be included on an upcoming public or private Council meeting agenda, or remain confidential to Council, please disclose this at the top of your letter prior to the public agenda item, deadline of 12 PM the Thursday before a regular Council meeting.
More information on writing to Council here
Watch the statement from the mayor here
14 comments:
Looks like council is considering opting in . Not a definite no.
5:35 I should think it would be a very good thing for the community to be opted in.
Having owners present and running their vacation rentals could change the town for the better with much greater control over visitors' behavior. A tenant supposedly looking after the vacation rental does not work when the tenant has to work full time elsewhere in order to pay the rent.
Thanks Dan, for the maybes, perhaps, ifs, coulds..... great leadership!
Still no answer on those three properties, Tibbs, Eik, Cox Bay. All purposely built and zoned for tourism accomodations.
These folks obeyed the law, invested their money, got the proper zoning and licenses, played by the rules...... and now they're to be shut down?
And as an additional insult "if you go ahead and pay the license fees we might just shut you down anyway" WTF is this? Vegas? Reno?
A previous comment feared Tofino becoming "Whistler". Well Whistler actually enforces its bylaws. It is not only a complaint based system , bylaw works proactively for compliance in the community Residential zoned areas do not permit STR's and again bylaws are enforced. Many Whistler folks ( and local) have invested here in 2nd and 3rd homes due to our lack of enforcement and lack of accountability in how our STR's are structured and monitored. We are way past being Whistler , we are are own worst enemy.
I looked into Tibbs . Owners there are eligible for a home owner grant which indicates that they are not commercial. If anybody knows any details of this please comment . Thank you, Ralph
Cox bay Beach Resort, Eik Landing and Fed Tibbs all pay residential property taxes. They are all zoned to allow nightly rentals but would become illegal when Dan Law and Council "opt in" as non conforming use protection will be eliminated by the provincial gov't in May 2024.
When Lefreve built it, the Tibbs building permit was issued as a hotel. Later, the district allowed this to lapse to residential zoning. The strata challenged this in court, at the time that Suzanne Kendall was strata president there, and I thought that it was returned to it's original zoning.
I don't know about the other two places.
If there's going to be any lawsuits regarding this, I'd expect to see it from Tibbs.
The “ legal non-conforming “ clause in the new legislation will apply to Tofino regardless to what council decides .
Opt in! Im all for it and I don't live there anymore but have an STR. I will adjust life and job to make it work. You buy based on a gamble that an investment property will work out. Sometimes it does sometimes it doesn't. Interest rates climb, markets collapse things change. This is a case of things changing.
Opt in! It won't solve all the housing problems, but it will help. And agree with previous comment regarding actually having VR owners on their rental properties making for more responsibility/better community. There will be plenty of rentals for people still and tourists will come. We're losing too many residents to housing issues.
Some Developments like "Cox Bay" were never intended as residential, but tourist commercial owned by individual owners. Not sure they are suitable as homes......but would sure like to see them pay commercial taxes. That would be appropriate.
4:16PM, That's the most sensible comment I've seen on this whole subject. Within lies a solution that should please everyone concerned. These places are not suitable as long term homes, to attempt such would only create an overcrowded ghetto. I sure wouldn't want to try to live in one of those mini-rooms full time.
So simply allow these folks to continue STR's as they've been legally doing all along and then reap commercial taxes on the property. A win-win for everyone concerned.
Actually, ALL STR suites should be taxed commercially, including the suites in private homes. After all, they're competing with the hotels, so it's olny fair that playing field should be levelled.
The tofino housing corp you know the one that burnt 500K and had nothing to show for it?
This is a typical case of cutting off the branch you are sitting on. Be careful what you wish for. This legislation will hurt everyone in our tourism based economy. What other industry would provide income for Tofino residents? It will result in less jobs, less income for the District and Province, less tourists able to afford to come to Tofino, more people leaving the hostile environment in Tofino. Residents will be forced to leave because they can't afford to live in Tofino anymore without extra income from vacation rental. There will be fewer restaurants and stores and the Co-op will have to cut back. There will be law suits because investors have legitimately invested in vacation rental and now see their business flushed down the toilet. Everyone's home equity will lose substantial value.
Every citizen in this country pays enormous taxes (income tax, property tax, GST, PST, transfer tax, carbon tax, hotel tax etc.). The government is getting a huge windfall from increasing prices for everything (which means higher GST and PST) and the huge transfer tax for sold piece of real estate etc. The government should be able to provide some low income housing using this tax income. Instead they force private homeowners to provide rental housing. That is ridiculous.
This is not a free country anymore and government interferes way too much. It is getting scary! After living in Tofino for decades (I love the natural environment) I will now reluctantly leave this community because I have had enough of the incompetence, hostility, red tape and corruption in this town. Hope I will find a buyer in this mess.
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