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Saturday, December 16, 2023

STR Law

https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/tools-for-government/short-term-rentals/str_policy_guidance_2023.pdf 

30 comments:

  1. It would appear that this new legislation allows for as many STRs as you want as long as somebody declares it as there principle residence. Whether Tofino opts in or not , the existing non-conforming status is gone.

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  2. Welcome to Chinanada.

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  3. I agree with you @9:11. As long as it's zoned for it, and provides housing to SOMEONE, then it would appear they can continue to operate. Not sure about Tibbs or Eik though...
    There's only 8-10 Legal Non-Conforming properties in Tofino, so yes, those will be done on May 1.

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  4. @11:07....not necessarily true if you read on page 12 it states....
    Local governments will have discretion to
    determine whether short-term rentals
    previously granted legal non-conforming use
    status may continue to be permitted, provided
    they are consistent with the principal residence
    requirement in the provincial legislation, where
    the principal residence requirement is
    applicable. This is especially relevant in Resort
    Municipalities where the principal residence
    requirement will not apply by default and
    where there may be broad vacation rental
    zoning.

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  5. @2:59. That's correct, although I believe most legal non conforming properties in Tofino are because there is no long-term suite.
    If there was one that was grandfathered for another reason (like having 4 bedrooms or having more than one rental on a property), then they'd be allowed to continue as long as they are meeting the principal residence requirement.
    I could be wrong, but that's how I interpreted that part.

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  6. The reason that no one can find a place to live is because..... STR's are gobbling up all of the available housing. Yeah, right. Sure, I believe that. Gotta be someone's fault, these guys make easy scapegoats. This approach worked in Germany in the 1930's, just pick out a segment of society to hate and blame everything on (Hitler used the Jews), and then become the great wise "government of the people" who are acting to control, restrict, and eventually eliminate those "troublemakers".



    I wonder if there might possibly be some other reason(s) why people can't find a place to live....

    Canada's population grew by more than 430,000 during the third quarter, marking the fastest pace of population growth in any quarter since 1957.

    Statistics Canada released its Oct. 1 population estimates on Tuesday, putting the number at more than 40.5 million.

    The agency says the population growth over the first nine months of 2023 has already surpassed the total growth in any other full year, including the record set in 2022.


    That has been fuelled by international migration, including about 313,000 non-permanent residents who came to the country from July to September.
    ...the Canadian Press



    A couple years ago D.O.T. went to war against SCBH, claiming that shutting down the "illegal STR's" there would result in those units being converted to full time rentals/homes instead. Go check there today, how many of those units are now used as full time homes? One, but she's lived there for years anyway.

    After all the dust and division and hate and name calling are settled, after this latest "purge" of evil STR's, how many more full time homes do you expect to see added to Tofino's supply? If you're waiting for "opt in" to happen so you can then pick your new home from the vastly increased newly available inventory....don't sell your tent just yet.

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  7. 1:52 PM: You left out the part about the more than a two year wait to get a building permit approved in the district office, combined with the approx 30% addition to your costs caused by government fees, taxes, and regulations. Let's blame STR's for that phenomenon also.

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  8. Funny how Gord and Josie played the str game in a very shady way for years then divested in time to not get caught holding. Education..right listed on Air bnb the Ecolodge was a scam and the DOT refused to take complaints. Mr Rodgers moved departments to cover his tracks. What a fun world we live in. And taxes go up and fees go up and the DOT gets more bloated and self righteous

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  9. The difference between a welfare state and a totalitarian state is only time.

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  10. People who own short-term rental units in Victoria for such platforms as Airbnb are hosting a meeting to protest new legislation that restricts how they use their properties.

    A Property Rights BC town hall meeting was scheduled for Tuesday, Dec. 19, at 6 p.m. at Victoria City Hall to discuss provincial legislation.


    “We are a group of hardworking individuals, most of whom invested in a single short-term rental unit, in many cases as part of pension planning,” said a news release from the group. “We support the intention to eliminate illegal Airbnb units, which the BC Short Term Accommodations Act (Bill 35) passed by the BC NDP in October attempts to address. We also support real solutions for affordable housing … We believe that preserving our legally operating and licensed short-term accommodations will actually be a solution to a number of problems in Victoria.”


    The group says it has data that illustrates that legislation does more harm than good, including a loss of funding for affordable housing projects which the Airbnb tax has been funding across British Columbia, a loss of direct tourism revenue, and a loss of tourism spending at local businesses, which will “be a blow to local owners still recovering from COVID closures. Shuttering businesses in our downtown core will exacerbate the already declining nature of some of our public spaces.”

    “This Legislation sets a dangerous precedent, eroding trust in the regulatory framework,” said the news release. “This abrupt shift undermines the financial security of countless property owners.”

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  11. What erodes trust in the regulatory framework is having homes, residentially zoned property that no one actually lives in but are used purely for business purposes. Owners are typically allowed ancillary uses to the primary zone of "residential", but some VR's operate completely contrary of the main requirements of the zone of residential. We have had residential and commercial zoning for a long time. The VR lobby would have us just chuck it all out and do whatever you want because they can make a buck at it. If that is held to be OK I want to operate a fish processing plant, pay no commercial tax and right off whatever fees for water and sewer, home insurance etc as as business expenses.

    And the prospect of business profits also drive up the value of "residential' real estate.

    We've come a long way from the Mom and Pop Bed and Breakfast.... Some in this VR sector are just greedy. They want it all........Go start a legitimate business and deal with it. Every one else is already paying for your retirement through existing gov't programs. If you don't actually live on the property man up and apply for rezoning. Tofino has had a Guest House zoning available for 25 years. But who has applied for it. Why would they when you can bend, or ignore the whole premise of residential zoning.

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  12. 2:41 PM. If I may, "apply for re-zoning"? Why would anyone bother?
    These new reglations ignore and override all local zoning. Properties that have operated as STR's, LEGALLY AND WITH ALL PERMITS AND LICENCES, for decades, are now suddenly, without any notice or compensation, declared illegal and are shut down.

    I understand there's a housing shortage, I'll agree that STR's are at least a part of the problem, perhaps more so in Tofino than elsewhere. But that's only to be expected, since this is a tourism destination and this is where folks are seeking such a product. Without the demand there would be no reason for these STR's in the first place. It only works because the D.O.T. and their elected officals decided to make Tofino the way it is. (think: Tourism Tofino, etc duh). Now we demonize the people who made it all happen? Hey, Cmon, DOT promoted this, developed a licensing plan, sold licenses, held inspections, and led folks to believe that this was a legal and accepted practice. People made large investments and worked hard to establish what they thought was an acceptable business, a dependable nest egg towards their retirements, and a legal source of income. Other residents have found good paying jobs servicing these STR's, now their jobs are to be eliminated.
    As for not paying commercial tax rates..... It was suggested to council on many occasions over the years, that STR's should pay commercial rates. Council failed to act. Whose fault is that?
    Years of neglect and mismanagement from the local government that was supposed to be overseeing these matters as they slid downhill into social chaos, and now it seems the solution is to adjust the STR market...with a sledgehammer.
    Might be more effective to use that sledgehammer in the district office, lots of things that need adjusting there. What, you might ask? Try to build a house, see what "planning" and "sustainability" do to help you.

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  13. 2:41 pm Very on point .
    If the numerous DOT staff enforced their own str bylaws this discussion would be a moot point. We all write to a blog instead of expecting accountability from our DOT staff and council.
    Why? Cause the residents who do try get shut out and the ones that don’t just aren’t bothering or paying attention to care enough .

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  14. 4:22 You are desperate. Take a pill or something

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  15. To 4:22.Two wrongs don't make a right.

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  16. make call residential zones trailer park. Then all the trailers on residential properties will be legal

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  17. Putting an end to corruption would put an end to government on all levels.

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  18. Ask your self one question. The government created this mess. Do you trust them to come up with a solution? To legislate a solution? Sorry, that was two questions.

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  19. It appears that there is a direct correlation between the time that Canada started and continues to become a have not country, and the length of time Gord Johns has been an MP.

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  20. the determined unrealistic idealists will not admit common sense or experience is a better mentor than wasting other peoples money.

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  21. 7:27 A.M.

    "If the blind lead the blind, surely both will go into the ditch."

    I shudder to think that he will receive an executive pension of close to $200,000 per annum upon retirement.

    This is a crime.

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  22. From a failed tee shirt hawker to a pension for life; in short order. Canada really is the land of opportunity!

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  23. The answer is simple. Defeat him at the polls..

    We have insight into this joke of an individual, but there are others that we are aware of. It makes you wonder, if you add them all up is our government little more than a collection of self absorbed wannabee ego maniacs. Kind of like some Hollywood frat house comedy. The more you peel back the layers, the more you see an empty core.

    Their only strength is their skill in telling you what you want to hear. Buyer beware.

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  24. We have a government that can't seem to think more than two steps out and keep getting bitten by unintended consequences. Maybe our immigration policy is contributing to the housing shortage? 1.25 million immigrants with no place to live? The immigration policy was made to lower inflation but it actually created more inflation due to more housing demand. Or maybe Vancouver has so many empty condos due to twenty years of unchecked money laundering of China's money. We were the money laundering capital of the world and the model is known worldwide as the Vancouver model for money laundering. Mostly dark money and fentaynl profits yet the public enquiry resulted in a "no corruption" findings. Empty condos being used as banks to hide money and no place for a local to live. Go figure!

    latest headlines....Canada’s population surges – The population expanded by a whopping 431,000 in the third quarter marking a second consecutive record for quarterly growth. Total population growth increased by 1.25 million people over the past year. In percentage terms, it is the highest annual population increase since 1958 and more than double Canada’s average rate prior to the pandemic.

    When you try and control a market, it will end up controlling you. Stop trying to control markets. Address the real issue. Build more homes. Or maybe we should make sure all the politicians take an economics 101 class. If the above politician couldn't take care of their own life how can we expect them to govern ours?

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  25. No 11:49. It's not immigration. It's also not bureaucracy nor impossible to meet building standards. And it's not high interest rates or inflation. The sole reason for the lack of housing in Canada is short term rentals!!
    All that's required is to close down these parasites on the residential housing supply.
    Just watch what happens here in B.C. after we all "opt in". There's going to be such an increase in housing supply that we'll need to increase immigration just to keep all the vacant houses occupied.
    Government is fixing the problem, don't worry about it.

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  26. @1:26 I guess that’s why Surrey also has a housing shortage . It must be the new vacation hot spot in bc with short term rentals taking over? Vancouver had a shortage long before short term rentals became popular. If your theory is correct, why are so many condos in Vancouver never occupied? They sit empty and are not rented short term. Most of the residences at a the highest end hotel in Vancouver have never had the door opened. Have you been to Shaughnessy neighborhood in Vancouver? It’s a ghost town due to money laundering. It’s all dark money that the government turned their head on and now it’s biting them in the ass just like the failed immigration policy. Markets fix themselves and we are about to have a correction on its own with these high interest rates. If you want the government to regulate everything I hear China has a few large housing developments for you to move into. Be careful what you wish for and watch out for unintended fallout.

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  27. Golly, I wonder if @1:26 might only be sarcasm

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  28. To 4:32 Guess 1:26's comments were not funny enough to get the right response.. He needs to tell everyone it was sarcasm.....right? 1:26 er 4:32. Pathetic

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  29. WRT to str being limited to the owners principal residence does this mean the str suite must be attached or within the primary dwelling? Ie if you had trailer as the current caretakers residence it would no longer qualify?

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