Understanding the Recent Changes to Short-Term Rental Regulations in the Central Okanagan
The provincial government has recently unveiled detailed regulations under the Short-Term Rental Accommodations Act, shedding light on various aspects applicable to short-term rentals. Key points from the regulations include exemptions for specific property types, such as strata hotels, fractional ownership properties, licensed bed and breakfasts, time share properties, and more.
Exemptions - Property Types: The legislation provides exemptions for certain property types, including strata hotels, fractional ownership properties, licensed bed and breakfasts with resident owner operators, time share properties, home exchanges, lodges for outdoor recreational activities, and living accommodations primarily for students or educational staff. The regulations also cover exemptions for strata corporation guest suites intended for resident visitors and properties with assessed Class 9 farmland.
Exemptions - Mountain Resorts & Ski Hills: Several mountain resorts and ski hills are exempt from the regulations, supplementing the 14 prescribed municipalities already exempted by the legislation. Notably, these mountain resorts cannot opt-in to the restrictions, even if the municipality or regional district chooses to opt-in to the principal residence requirements.
Definitions, Enforcement, and Clarifications: The regulations specify that the provincial legislation applies to rentals lasting 90 days or less, allowing municipalities to define a different time period (e.g., 30 days) for their bylaws. Enforcement responsibilities are divided, with the provincial government overseeing the Short-Term Rental Accommodations Act, while municipalities enforce their own bylaws. Municipalities can apply for exemptions to the principal residence rule if they meet specific vacancy rate criteria. Additionally, they can choose to opt-in or request exemptions, provided they give appropriate notice.
The provincial requirements act as a baseline, overriding municipal rules if they fall below the provincial standards.
While municipalities can enact bylaws more restrictive than provincial rules, they cannot be less restrictive.
This update is part of a broader set of regulations that include small-scale residential zoning and transit-oriented development, with further details expected next week.
You can read the complete Provincial and current local Municipal rules at the links below: