B.C. Reg. 85/2024, deposited April 18, 2024, under the SHORT-TERM RENTAL ACCOMMODATIONS ACT [sections 38 and 45]. Order in Council 197/2024, approved and ordered April 18, 2024.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective May 1, 2024,

(a) the following provisions of the Short-Term Rental Accommodations Act, S.B.C. 2023, c. 32, are brought into force:

(i) section 1, as it enacts the definition of "responsible official", other than paragraph (a) of that definition;

(ii) section 17 (1) (c);

(iii) section 17 (2), except paragraph (a);

(iv) sections 18, 19 (5), 21 (b), 26 to 30, 35 (3) (b) and 38 (2) (n), and

(b) the Short-Term Rental Accommodations Regulation, B.C. Reg. 268/2023, is amended as set out in the attached Appendix.

— R. KAHLON, Minister of Housing; N. SHARMA, Presiding Member of the Executive Council.

Appendix

1 Section 1 of the Short-Term Rental Accommodations Regulation, B.C. Reg. 268/2023, is amended

(a) by adding the following definitions:

"authorized site" means an internet site that is maintained by the minister or authorized by the minister to be used for the purposes of the Act and this regulation;

"major platform service provider" means a platform service provider with 1 000 or more platform offers on the platform based on the number of platform offers on the platform on June 1 of the previous calendar year; , and

(b) in the definition of "time share property" by striking out "a property described in section 4 (b) or (c)" and substituting "a strata-titled hotel or motel or a property described in section 4 (1) (c)".

2 Section 2 is amended

(a) by renumbering the section as section 2 (1), and

(b) by adding the following subsection:

(2) For certainty, the reference to "platform offers" in the definition of "major platform service provider" is limited to short-term rental accommodation services provided in British Columbia.

3 The following section is added:

Exemptions related to strata-titled hotels or motels

3.1 (1) In this section:

"manager" means a person or entity that manages the provision of accommodation in a manner similar to that of a hotel or motel in the strata-titled hotel or motel;

"occupancy date", in respect of a strata-titled hotel or motel, means

(a) the date when an occupancy permit was first issued, or

(b) in a jurisdiction where occupancy permits are not issued, the date when the strata-titled hotel or motel is first capable of being occupied.

(2) The principal residence requirement does not apply to a strata-titled hotel or motel if,

(a) in the case of a strata-titled hotel or motel in which, before December 8, 2023, accommodation was being provided in a manner similar to that of a hotel or motel,

(i) on December 8, 2023, the strata-titled hotel or motel had, and continues to have, all of the following services, which are provided in a manner similar to that of a hotel or motel:

(A) a platform that is available exclusively for each of the owners of strata lots in the strata-titled hotel or motel to make platform offers;

(B) one or more employees or contractors provide services to administer a front desk in person at the strata-titled hotel or motel;

(C) one or more employees or contractors provide housekeeping services within the strata lots in which the accommodation is provided, or

(ii) two or more of the strata lots in the strata-titled hotel or motel were, on December 8, 2023, not able to be used, and continue to not be able to be used, as a principal residence by any person due to a restriction under

(A) a rental management agreement between the manager and each owner of the strata lots in the strata-titled hotel or motel,

(B) a restrictive covenant registered against the land or a covenant under section 219 [registration of covenant as to use and alienation] of the Land Title Act registered against the land,

(C) a land use regulation bylaw, within the meaning of section 455 [definitions in relation to Part 14] of the Local Government Act, or

(D) a zoning bylaw, within the meaning of section 559 [definitions for Part XVII] of the Vancouver Charter, or

(b) in the case of a strata-titled hotel or motel in respect of which the occupancy date was on or after December 8, 2023, both of the following apply:

(i) the strata-titled hotel or motel has all of the following services, which are provided in a manner similar to that of a hotel or motel:

(A) a platform that is available exclusively for each of the owners of strata lots in the strata-titled hotel or motel to make platform offers;

(B) one or more employees or contractors provide services to administer a front desk in person at the strata-titled hotel or motel;

(C) one or more employees or contractors provide housekeeping services within the strata lots in which the accommodation is provided;

(ii) two or more of the strata lots in the strata-titled hotel or motel are not able to be used as a principal residence by any person due to a restriction under

(A) a rental management agreement between the manager and each owner of the strata lots in the strata-titled hotel or motel,

(B) a restrictive covenant registered against the land or a covenant under section 219 [registration of covenant as to use and alienation] of the Land Title Act registered against the land,

(C) a land use regulation bylaw, within the meaning of section 455 [definitions in relation to Part 14] of the Local Government Act, or

(D) a zoning bylaw, within the meaning of section 559 [definitions for Part XVII] of the Vancouver Charter.

4 Section 4 is amended

(a) by renumbering the section as section 4 (1),

(b) in subsection (1) (a) (iv) by striking out "for visitors of residents of strata lots that is provided primarily" and substituting "that is provided primarily for visitors of residents of strata lots and that is",

(c) in subsection (1) by repealing paragraph (b),

(d) in subsection (1) (c) by striking out "if the property host may not use the property as a principal residence" and substituting "if the property may not be used as a principal residence by any person", and

(e) by adding the following subsections:

(2) The following provisions do not apply to a platform service provider that is not a major platform service provider:

(a) section 17 (1) (c) [platform service provider requirements] of the Act as it relates to the periodic disclosure described in section 14 [periodic disclosure] of this regulation;

(b) section 14 of this regulation.

(3) For certainty, the exemption under subsection (2) does not apply to sections 13 [initial disclosure and disclosures of changes to information] and 16 [requests for cessation of platform services] of this regulation.

5 Section 7 is amended

(a) in paragraph (b) (i) by striking out "or", and

(b) in paragraph (b) by adding the following subparagraphs:

(iii) the local government is a municipality and

(A) the municipality was listed in paragraph (a) or (b) of Schedule 1 of this regulation as it read on April 30, 2024, and

(B) due to a request by the municipality under section 15 (1) (a) of the Act, the exempt land has been changed by removing the relevant area of the municipality, or

(iv) the local government is a regional district and, due to a request by the regional district under section 15 (1) (a) of the Act, the exempt land has been changed by removing the relevant area of the regional district.

6 Section 10 (1) is amended by striking out "exempt the following" and substituting "remove the following from the exempt land".

7 The following Parts are added after section 12 and before Schedule 1:

Part 3 – Platform Service Providers

Division 1 – Platform Service Provider Requirements

Initial disclosure and disclosures of changes to information

13 A platform service provider must disclose platform service provider information to the minister as follows:

(a) as an initial disclosure

(i) before May 15, 2024, or

(ii) in the case of a new platform service provider, within 30 days after the date this section applies to the new platform service provider;

(b) after the initial disclosure, if the platform service provider information changes, the platform service provider information must be disclosed within 15 days after the date of the change.

Periodic disclosure

14 (1) For the purposes of section 17 (1) (c) (ii) [platform service provider requirements] of the Act, the following prescribed information, in respect of a property where short-term rental accommodation services are provided, must be recorded, maintained and disclosed by a platform service provider for the platform services provided in respect of a platform offer and the property:

(a) the number or other identification information of the platform offer and, if available, the URL of the platform offer;

(b) if available, the number or other identification information of the supplier host;

(c) if provided to the platform service provider,

(i) whether the platform offer is in respect of the entire dwelling unit or a bedroom within the dwelling unit, and

(ii) the number of bedrooms in the dwelling unit available for short-term rental accommodation services;

(d) in respect of the previous month,

(i) the number of nights that the short-term rental accommodation services were provided, and

(ii) the number of separate reservations.

(2) The information that is required to be recorded and maintained by a platform service provider under section 17 (1) (c) of the Act must be disclosed to the minister on a monthly basis, on or before the date that is 15 days after the last day of the previous month.

(3) The records to be disclosed by a platform service provider under section 17 (1) (c) of the Act must

(a) be transmitted to the minister in an electronic format in the form required by the minister, and

(b) be transmitted to the minister

(i) by electronic data transmission by way of an electronic portal on an authorized site, or

(ii) if the electronic portal is not available, in the manner specified by the minister.

(4) For the purposes of section 17 (1) (c) of the Act, a platform service provider must maintain information described in that provision for a period of 3 years from the date the information is required to be disclosed to the minister.

Division 2 – Procedures for Local Governments
Relating to Compliance with Business Licence Requirements

Notices of non-compliance with business licence requirement

15 A notice about the failure of a platform offer to comply with an applicable business licence requirement delivered under section 18 (2) [procedures for local governments] of the Act

(a) must include the following information:

(i) the name of the relevant local government;

(ii) the URL of the platform offer;

(iii) if known, the number or other identification information of the platform offer,

(b) must, when delivered to the platform service provider,

(i) be in an electronic format in the form required by the minister, and

(ii) be transmitted

(A) by electronic data transmission by way of an electronic portal on an authorized site with notification of the platform representative by email, or

(B) if the electronic portal is not available, by one or more of the means that is described in section 29 (d) [prescribed manner for delivery and service] of this regulation specified by the minister,

(c) may, when delivered to the supplier host, be transmitted by electronic data transmission by way of an electronic portal on an authorized site with notification of the supplier host by email to the email address provided by the supplier host to the platform service provider, and

(d) if transmitted as described in paragraph (c), must be in an electronic format in the form required by the minister.

Requests for cessation of platform services

16 (1) Under section 18 (3) (a) of the Act, a local government may request, within the prescribed period of 5 days to 90 days after the date of delivery of the notice under section 18 (2) of the Act, that a platform service provider cease providing platform services.

(2) A request for the cessation of platform services under section 18 (3) (a) of the Act must

(a) include the following information:

(i) the name of the relevant local government;

(ii) the URL of the platform offer;

(iii) if known, the number or other identification information of the platform offer, and

(b) be in an electronic format in the form required by the minister and be transmitted

(i) by electronic data transmission by way of an electronic portal on an authorized site with notification of the platform representative by email, or

(ii) if the electronic portal is not available, by one or more of the means that is described in section 29 (d) of this regulation specified by the minister.

(3) The platform service provider must cease providing platform services as described in the request within the prescribed period of 5 days from the date of receipt of the request.

(4) The platform service provider must disclose to the minister, by email to the email address provided by the minister, confirmation of compliance with all requests received under section 18 (3) (a) of the Act on a monthly basis, on or before the date that is 15 days after the last day of the previous month.

(5) A platform service provider that is not a major platform service provider is not required to disclose the confirmation of compliance as described in subsection (4) of this section if, in the previous month, the platform service provider received no requests under section 18 (3) (a) of the Act.

Part 4 – Compliance and Enforcement

Division 1 – General Matters

Opportunity to be heard

17 (1) An opportunity to be heard that is provided for the purposes of the Act in relation to a compliance order or an administrative penalty may be, as the director considers appropriate in the circumstances,

(a) in writing, including by fax or email,

(b) in person, or

(c) by video conference, audio conference, telephone or other electronic means, if available.

(2) The director must give notice of an opportunity under subsection (1), which notice must include the following information:

(a) the contravention or failure to which the compliance order or administrative penalty relates;

(b) the due date for written submissions or the time, date, place and manner of hearing.

(3) A notice under subsection (2) must be given not less than 21 days before the following, as applicable:

(a) the due date of a submission under subsection (1) (a);

(b) the date of a hearing under subsection (1) (b) or (c).

(4) On application, the director may change a time or date specified under subsection (2) (b).

Consequences of failing to appear or provide submissions

18 If a person who is given notice under section 17 (2) fails to provide submissions or to appear when required by the notice or under section 17 (4), as applicable, the director may proceed without further notice to issue a compliance order under section 24 [compliance orders] of the Act or impose an order that the person pay an administrative penalty under section 26 [administrative penalties] of the Act, as applicable, in respect of the person.

Division 2 – Compliance Orders

Service of compliance orders

19 A compliance order under section 24 (4) of the Act may be served on a platform service provider by electronic data transmission by way of an electronic portal on an authorized site with notification of the platform representative by email.

Division 3 – Administrative Penalties

Considerations

20 Before the director imposes an administrative penalty on a person under section 26 of the Act, the director must consider all the following:

(a) previous enforcement actions for contraventions of a similar nature by the person;

(b) the gravity and magnitude of the contravention;

(c) whether the contravention was repeated or continuous;

(d) whether the contravention was deliberate;

(e) any economic benefit derived by the person from the contravention;

(f) the person’s efforts to correct the contravention.

Prescribed contraventions or failures

21 For the purposes of section 27 (1) (a) [amount of administrative penalty] of the Act, the specific contraventions or failures that are prescribed are the contraventions or failures that are listed in column 1 of the Table to Schedule 4 of this regulation.

Prescribed maximum penalty

22 For the purposes of section 27 (1) (b) of the Act, the prescribed maximum amounts that may be imposed as administrative penalties in respect of the contraventions or failures prescribed in section 21 of this regulation are the amounts that are described in Schedule 4 of this regulation and listed in columns 4, 5 and 6 of the Table to that Schedule.

Period of time relating to repeated contraventions

23 For the purposes of section 38 (2) (n) (vi) [regulations of the Lieutenant Governor in Council – respecting time periods for repeat contraventions] of the Act, the period of time within which a contravention is to be considered a repeat contravention of an earlier contravention is 2 years.

Prescribed period of time for payment of administrative penalties

24 For the purposes of section 26 (3) [administrative penalties] of the Act, the prescribed period of time within which an administrative penalty must be paid is 60 days.

Review of administrative penalty

25 (1) For the purposes of section 29 (1) [review of administrative penalty] of the Act, a person who receives a notice under section 28 [notice of administrative penalty] of the Act may apply for a review of the matters set out in the notice within 30 days from the date of delivery of the notice.

(2) On application, the director may extend the period of time specified under subsection (1) of this section.

Prescribed grounds for review of administrative penalty

26 For the purposes of section 29 (2) (b) of the Act, the following grounds are prescribed:

(a) the person was unable to be heard because of circumstances that could not be anticipated and were beyond the person’s control;

(b) a person who performed administrative tasks for the director made a procedural error that materially affected the decision to impose the administrative penalty or the amount of the administrative penalty;

(c) a technical irregularity or error occurred that materially affected the decision to impose an administrative penalty or the amount of the administrative penalty;

(d) the director did not determine an issue that the director was required to determine.

Limitation period for administrative penalties

27 (1) A notice under section 17 (2) [opportunity to be heard] in respect of an administrative penalty must not be sent more than 3 years after the facts on which it is based first came to the knowledge of the director.

(2) A document purporting to have been issued by the director, certifying the date on which the director became aware of the facts referred to in subsection (1) of this section,

(a) is admissible without proof of the signature or official character of the person appearing to have signed the certificate, and

(b) is proof of the certified date unless there is evidence to the contrary.

Part 5 – General

Definition

28 In this Division, "document" means an order, notice, decision or other document that is required or authorized to be delivered or served under the Act.

Prescribed manner for delivery and service

29 For the purposes of section 32 (1) [delivery and service] of the Act, a document may be delivered or served as follows:

(a) if a person is an individual, the ways to deliver or serve a document are

(i) by leaving the document with the individual,

(ii) by leaving the document at the individual’s residence with an adult who apparently resides with the individual,

(iii) by sending the document by ordinary mail, registered mail or courier to the address at which the individual resides or to a forwarding address provided by the individual,

(iv) by leaving the document in a mailbox or mail slot for the address at which the individual resides,

(v) by attaching the document to a door or other conspicuous place at the address at which the individual resides,

(vi) by sending the document by email to the email address provided by the individual, or

(vii) by transmitting the document to a fax number provided by the individual;

(b) if a person is a corporation, the ways to deliver or serve a document are

(i) by leaving the document with an officer or director of the corporation,

(ii) by sending the document by ordinary mail, registered mail or courier to the registered office of the corporation,

(iii) by sending the document by email to the email address provided by the corporation, or

(iv) by transmitting the document to a fax number provided by the corporation;

(c) if a person is a partnership, the ways to deliver or serve a document are

(i) by leaving the document with a partner,

(ii) by sending the document by ordinary mail, registered mail or courier to the business office of the partnership,

(iii) by sending the document by email to the email address provided by the partnership, or

(iv) by transmitting the document to a fax number provided by the partnership;

(d) if a person is a platform service provider that has a platform representative or if the person is a platform representative, the ways to deliver or serve a document are

(i) by leaving the document with the platform representative,

(ii) by sending the document by ordinary mail, registered mail or courier to the address provided by the platform representative,

(iii) by sending the document by email to the email address provided by the platform representative, or

(iv) by transmitting the document to a fax number provided by the platform representative.

Deemed receipt

30 (1) For the purposes of section 32 (2) of the Act, a document that is delivered or served in accordance with section 29 of this regulation on a person other than the minister or the director is deemed to be received,

(a) if the document is left with an individual, on the day it is left,

(b) if the document is sent by ordinary mail, registered mail or courier, on the fifth day after it is mailed or received by the courier,

(c) if the document is left in a mailbox or mail slot, on the third day after it is left,

(d) if the document is attached to a door or other conspicuous place, on the third day after it is attached,

(e) if the document is sent by email, on the third day after it is sent, and

(f) if the document is transmitted to a fax number, on the third day after it is transmitted.

(2) For the purposes of section 32 (2) of the Act, a document that is delivered or served in accordance with section 15 (b) (ii) (A) or (c) (i), [notices of non-compliance with business licence requirement], 16 (2) (b) (i) [requests for cessation of platform services] or 19 [service of compliance orders] of this regulation is deemed to be received on the third day after it is transmitted by way of an electronic portal on an authorized site.

8 Schedule 1 is amended

(a) by striking out "outlined or shaded on the applicable maps on file with the Mountain Resorts Branch of the Ministry of Tourism, Arts, Culture and Sport with the file name "BC All-Seasons Resorts.zip":" and substituting "outlined in blue and shaded grey on the attached map described in columns 2 and 3 of Table 1, 2, 3 or 4, as applicable, that corresponds with the geographic area listed in column 1 of the applicable table:",

(b) in paragraph (a) by adding the following:

City of Fort St. John

City of West Kelowna

The Corporation of the City of Dawson Creek

The Corporation of the Village of Pouce Coupe , and

(c) by repealing paragraphs (c) to (f) and substituting the following:

(c) the regional or destination ski resorts listed in the following table:

Table 1

(d) the community ski resorts set out in the following table:

Table 2

(e) the BC Parks resorts set out in the following table:

Table 3

(f) the private resorts set out in the following table:

Table 4

9 Schedule 2 is amended by striking out the following:

City of Fort St. John

City of West Kelowna

The Corporation of the City of Dawson Creek .

10 Schedule 3 is amended by striking out the following:

The Corporation of the Village of Pouce Coupe .

11 The following Schedule is added:

Schedule 4

(sections 21 and 22 of this regulation)

Administrative Penalties

Definition

1 In this Schedule, "contravention" means a contravention of the Act or this regulation, or a failure to comply with the Act or this regulation, described in column 1 of the Table to this Schedule that correspond to the provisions listed in column 3 of the Table to this Schedule.

Amount of administrative penalty

2 For each contravention listed in column 1 of the Table to this Schedule by a person listed in column 2 of the Table to this Schedule, the maximum amount of the administrative penalty is as follows:

(a) the amount set out in column 4 in relation to the contravention, for a first contravention;

(b) the amount set out in column 5 in relation to the contravention, for a second contravention that is a repeat contravention;

(c) the amount set out in column 6 in relation to the contravention, for a third or subsequent contravention that is a repeat contravention.

Table

Re: B.C. Reg. 85/2024

Pursuant to section 6 of the Regulations Act, I hereby exempt from publication the maps attached to B.C. Reg. 85/2024.

The maps may be inspected during regular office hours at the following address:

Housing Policy Branch
Ministry of Housing
4th floor, 614 Humboldt Street
Victoria, BC V8W 1A4

The maps may also be viewed online at the following URL:

www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/268_2023

— Kevin Kohan, Registrar of Regulations.

Index Page | Next Regulation | Cumulative Index Page

Copyright © 2024: King's Printer, Victoria, British Columbia, Canada