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Volume 66, No. 21

268/2023

The British Columbia Gazette,

Part II

December 31, 2023

B.C. Reg. 268/2023 , deposited December 7, 2023, under the SHORT - TERM RENTAL ACCOMMODATIONS ACT [sections 38 and 45]. Order in Council 679/2023, approved and ordered December 7, 2023.

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

(

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

(

i) section 1, except the

definitions of "applicant" , "registrant" , "registration number" , "registration requirement" , "responsible official" and paragraph (

c) of the definition of "short-term rental information" ;

(ii) sections 2 to 5, 15, 19 (1) to (4), 20, 21 (a), 22 to 25 and 31 to 34;

(iii)

section 35, except paragraphs (

a) and (

b) of subsection (3);

(iv)

section 37;

(

v) section 38, except subsections (2) (f) (ii) to (vii) and (

n) and (3) (e) (

i) and (f) (i) (A);

(vi)

section 39,

(

b) the attached Short-Term Rental Accommodations Regulation is made, and

(

c) effective May 1, 2024, sections 13 (

a) and (c), 14 (1), 16, 17 (1) (

a) and (b) (i) (

A) and (

C) and 36 of the Short-Term Rental Accommodations Act , S.B.C. 2023, c. 32, are brought into force.

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

SHORT-TERM RENTAL ACCOMMODATIONS REGULATION

Contents

Part 1 –

Interpretation and Exemptions

Definitions

Interpretation

General exemptions

Specific exemptions

Part 2 – Principal Residence Requirement

Division 1 –

Interpretation Relating to Principal Residence Requirement

Prescribed location – accessory dwelling units

Division 2 – Changes to Exempt Land

Definitions for this Division

Prescribed criteria

Prescribed persons or entities

Procedures for requests by persons or entities

Restriction on requests to remove geographic area from exempt land

Prescribed date and period of time

Factors for Lieutenant Governor in Council to consider

Schedule 1

Schedule 2

Schedule 3

Part 1 –

Interpretation and Exemptions

Definitions

(1) In this regulation:

"Act" means the Short-Term Rental Accommodations Act ;

"float home" means a structure that is

(

a) designed, constructed or manufactured to float on water,

(

b) used or intended to be used as living accommodation in a fixed location, and

(

c) not capable of movement under its own power;

"home exchange" means a reciprocal arrangement for a person who offers a right to use the person’s property for accommodation in British Columbia in exchange for the right to use another person’s property;

"outdoor recreational activity" has the same definition as in

section 8 (2) of the Prescribed Classes of Property Regulation;

"strata-titled hotel or motel" means a property in which accommodation is provided in a manner similar to that of a hotel or motel and, in respect of which property,

(

a) a strata plan is filed under the Strata Property Act , and

(

b) different owners own different strata lots;

"student accommodation" means property that is

(

a) ordinarily used for more than 6 months in the calendar year for the living accommodation of students or employees of an educational institution, and

(

b) owned or operated by the educational institution or by a non-profit organization;

"time share property" means property within British Columbia, other than a property described in

section 4 (

b) or (c), in respect of which a person

(

a) has a time share contract within the meaning of the Business Practices and Consumer Protection Act , or

(

b) has a time share interest within the meaning of the Real Estate Development Marketing Act .

(2) In this regulation, "common property" , "strata corporation" and "strata lot" have the same meaning as in

section 1 (1) of the Strata Property Act .

Interpretation

2 For the purposes of

section 1 of the Act,

(

a) in respect of the definition of "exempt land", the geographic areas listed or described in

Schedule 1 are prescribed,

(

b) in respect of the definition of "platform service", a platform service provided in respect of the following is not a platform service:

(

i) a time share property;

(ii) a home exchange;

(iii) student accommodation;

(iv) accommodation that is provided by an operator of outdoor recreational activities,

(

c) in respect of the definition of "residence", a float home is a prescribed dwelling, and

(

d) in respect of the definition of "short-term rental accommodation service", an accommodation service is prescribed if, when the accommodation service was first provided,

(

i) accommodation was to be provided for 90 consecutive days or more but ends before 90 consecutive days have passed, and

(ii) the end of the accommodation could not have been reasonably foreseen by a supplier host.

General exemptions

(1) For the purposes of

section 3 [what this Act does not apply to] of the Act, a strata-titled hotel or motel is not a hotel or motel.

(2) This Act does not apply to the following properties:

(

a) a vehicle;

(

b) a tent or other temporary shelter.

Specific exemptions

4 The principal residence requirement does not apply to the following:

(

a) the following properties or circumstances:

(

i) a time share property;

(ii) a home exchange;

(iii) student accommodation;

(iv) accommodation for visitors of residents of strata lots that is provided primarily in the following:

(

A) common property;

(

B) a strata lot owned by the applicable strata corporation;

(

v) accommodation that is provided by an operator of outdoor recreational activities;

(

b) a strata-titled hotel or motel, in respect of strata lots in which accommodation is provided in a manner similar to that of a hotel or motel, if a property host may not use the property host’s property in the strata-titled hotel or motel as a principal residence due to mandatory provisions in the applicable rental pool or rental management agreement;

(

c) a property in respect of which a property host holds a fractional interest if the property host may not use the property as a principal residence due to mandatory provisions in the applicable fractional ownership agreement.

Part 2 – Principal Residence Requirement

Division 1 –

Interpretation Relating to Principal Residence Requirement

Prescribed location – accessory dwelling units

(1) In this section, "parcel" has the same meaning as in

section 1 of the Land Title Act .

(2) For the purposes of

section 14 (1) (b) [principal residence requirement] of the Act, in respect of an accessory dwelling unit referred to in that paragraph, a prescribed location is on the same parcel as the property host’s principal residence.

Division 2 – Changes to Exempt Land

Definitions for this Division

6 In this Division:

"eligible vacancy rate" means a rental vacancy rate of 3% or more during each of the 2 consecutive years immediately preceding the reference date in relation to

(

a) the relevant area, or

(

b) another geographic area that includes the relevant area;

"large municipality" means a municipality that is listed in

Schedule 2;

"neighbouring" , in respect of a municipality, means the municipality is within 15 kilometres of another municipality;

"prescribed date" means the date prescribed under

section 11 (1) (a) [prescribed date and period of time] ;

"reference date" , in respect of a request made under

section 15 [requests for changes to exempt land] of the Act, means the applicable prescribed date on or before which the request is made;

"relevant area" , in respect of a municipality or regional district, means the geographic area of the municipality or regional district.

Prescribed criteria

7 For the purposes of

section 15 (1) [requests for changes to exempt land] of the Act, the following criteria are prescribed for a local government that wishes to request that the exempt land be changed in respect of the relevant area:

(

a) if the local government wishes to request that the principal residence requirement apply and the relevant area be removed from the exempt land,

(

i) the local government is a municipality that is listed in paragraph (

a) or (

b) of

Schedule 1 of this regulation, or

(ii) the local government is a regional district and the request is made in respect of one or more of the electoral areas of the regional district;

(

b) if the local government wishes to request that the principal residence requirement not apply and the relevant area be added to the exempt land,

(

i) the local government is a large municipality with the eligible vacancy rate, or

(ii) the local government is a municipality

(

A) that is listed in

Schedule 3 of this regulation, and

(

B) that has a neighbouring large municipality with the eligible vacancy rate.

Prescribed persons or entities

8 For the purposes of

section 15 (3) (d) [requests for changes to exempt land] of the Act, the following persons or entities are prescribed for requests about the geographic areas relevant to each of the persons or entities, as applicable:

(

a) a local trust committee, as defined in

section 1 of the Islands Trust Act ;

(

b) the Cultus Lake Park Board within the meaning of the Cultus Lake Park Act .

Procedures for requests by persons or entities

(1) A person or entity prescribed under

section 8 may request a change to the exempt land in the same manner as a request made by a local government under

section 15 (1) [requests for changes to exempt land] of the Act.

(2) A request made under subsection (1) must be made on or before the prescribed date.

Restriction on requests to remove geographic area from exempt land

(1) A request made by a local government under

section 15 (1) [requests for changes to exempt land] of the Act to remove a geographic area from the exempt land may not include a request to exempt the following:

(

a) a geographic area listed or described in paragraphs (

c) to (

h) of

Schedule 1 of this regulation;

(

b) Cultus Lake Park within the meaning of the Cultus Lake Park Act .

(2) Subsection (1) does not apply to Bowen Island Municipality in respect of a geographic area described in paragraph (

g) of

Schedule 1 of this regulation.

Prescribed date and period of time

(1) For the purposes of

section 15 (2) [requests for changes to exempt land] of the Act,

(

a) the prescribed date is March 31 of each year, and

(

b) the prescribed period of time is a period of time that

(

i) starts on November 1 of the calendar year of the reference date, and

(ii) ends on the following date:

(

A) if an end date is provided in the regulation that changes the exempt land, that end date;

(

B) if no end date is provided as described in clause (A), the date that the exempt land is subsequently changed to remove or add the geographic area that was the subject of the request.

(2) Despite subsection (1) (

a) and (b) (i), if a request made under

section 15 (1) of the Act relates to adding a geographic area to the exempt land in the year 2024,

(

a) the prescribed date is February 29, 2024, and

(

b) the prescribed period of time starts on May 1, 2024.

Factors for Lieutenant Governor in Council to consider

12 For the purposes of

section 15 (3) (e) [requests for changes to exempt land] of the Act, the following factors are prescribed in the case of a request made by a municipality to be added to the exempt land:

(

a) the rental vacancy rate in relation to the relevant area or another geographic area that includes the relevant area;

(

b) the manner by which the rental vacancy rate was determined.

Schedule 1

(sections 2, 7 and 10)

Exempt Land

For the purposes of the definition of "exempt land" in

section 1 of the Act, the geographic areas of the following municipalities and other lands are prescribed and, in the case of the geographic areas listed in paragraphs (

c) to (

f) of this Schedule, have the area shown 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":

(

a) the following municipalities:

Bowen Island Municipality

City of Armstrong

City of Castlegar

City of Merritt

City of Quesnel

City of Trail

District of 100 Mile House

District of Barriere

District of Chetwynd

District of Clearwater

District of Elkford

District of Fort St. James

District of Hope

District of Houston

District of Hudson’s Hope

District of Kitimat

District of Lantzville

District of Lillooet

District of Logan Lake

District of Mackenzie

District of New Hazelton

District of Port Edward

District of Port Hardy

District of Sechelt

District of Sicamous

District of Sparwood

District of Stewart

District of Taylor

District of Tumbler Ridge

District of Vanderhoof

District of Wells

Northern Rockies Regional Municipality

The Corporation of the City of Enderby

The Corporation of the City of Grand Forks

The Corporation of the City of Greenwood

The Corporation of the District of Kent

The Corporation of the District of Peachland

The Corporation of the Township of Spallumcheen

The Corporation of the Village of Alert Bay

The Corporation of the Village of Ashcroft

The Corporation of the Village of Burns Lake

The Corporation of the Village of Fruitvale

The Corporation of the Village of Hazelton

The Corporation of the Village of Keremeos

The Corporation of the Village of Lumby

The Corporation of the Village of Lytton

The Corporation of the Village of McBride

The Corporation of the Village of Montrose

The Corporation of the Village of New Denver

The Corporation of the Village of Salmo

The Corporation of the Village of Silverton

The Corporation of the Village of Telkwa

The Corporation of the Village of Warfield

The Corporation of the Village of Zeballos

Town of Creston

Town of Gibsons

Town of Ladysmith

Town of Lake Cowichan

Town of Oliver

Town of Port McNeill

Town of Princeton

Town of Smithers

Village of Cache Creek

Village of Canal Flats

Village of Chase

Village of Clinton

Village of Daajing Giids

Village of Fraser Lake

Village of Gold River

Village of Granisle

Village of Kaslo

Village of Lions Bay

Village of Masset

Village of Midway

Village of Nakusp

Village of Pemberton

Village of Port Alice

Village of Port Clements

Village of Sayward

Village of Slocan

Village of Tahsis

(

b) the following municipalities:

City of Kimberley

City of Revelstoke

District Municipality of Ucluelet

District of Invermere

District of Tofino

Resort Municipality of Whistler

Sun Peaks Mountain Resort Municipality

The Corporation of the City of Fernie

The Corporation of the City of Rossland

Town of Golden

Town of Osoyoos

Village of Harrison Hot Springs

Village of Radium Hot Springs

Village of Valemount

(

c) the following regional or destination ski resorts:

Apex Mountain Resort

Big White Ski Resort

Blackcomb Mountain Resort

Crystal Mountain Resort

Fernie Alpine Resort

Hudson Bay Mountain Resort

Kicking Horse Mountain Resort

Kimberley Alpine Resort

Mount Baldy Ski Area

Panorama Mountain Village

Powder King Mountain Resort

Red Mountain Resort

Revelstoke Mountain Resort

Saddle Mountain Resort

Sasquatch Mountain Resort

Silver Star Mountain Resort

Sun Peaks Resort

Valemount Destination Resort

Whistler Mountain Resort

Whitewater Ski Resort

(

d) the following community ski resorts:

Clearwater Ski Hill

Fairmont Hot Springs Ski Hill

Harper Mountain

Hudson’s Hope

Mount Cain Ski Resort

Mount Timothy Ski Hill

Murray Ridge Ski Area

Phoenix Mountain Ski Resort

Purden Ski Village

Salmo Ski Hill

Shames Mountain Ski Area

Summit Lake Ski Area

Tabor Mountain Ski Resort

Troll Resort

Wapiti Ski Club

(

e) the following BC Parks resorts:

Cypress Bowl

Manning Park

Mount Seymour

(

f) the following private resorts:

Bear Mountain (Dawson Creek)

Big Bam Ski Hill (Taylor)

Grouse Mountain

Hart Highlands (Prince George)

Little Mac Ski Hill (Mackenzie)

Mount Washington

(

g) the trust area, as defined in

section 1 of the Islands Trust Act

(

h) property that includes farm land

(

i) electoral areas, but does not include the University of British Columbia and the University Endowment Land, as defined in

section 1 of the University Endowment Land Act

Schedule 2

(section 6)

Large Municipalities

City of Abbotsford

City of Burnaby

City of Campbell River

City of Chilliwack

City of Colwood

City of Coquitlam

City of Fort St. John

City of Kamloops

City of Kelowna

City of Langford

City of Langley

City of Maple Ridge

City of Mission

City of Nanaimo

City of Parksville

City of Pitt Meadows

City of Port Alberni

City of Port Moody

City of Powell River

City of Prince George

City of Prince Rupert

City of Richmond

City of Salmon Arm

City of Surrey

City of Terrace

City of Vancouver

City of West Kelowna

City of Williams Lake

Corporation of the Township of Esquimalt

District of Lake Country

District of North Saanich

District of Sechelt

District of Sooke

District of Squamish

The City of Delta

The Corporation of the City of Courtenay

The Corporation of the City of Cranbrook

The Corporation of the City of Dawson Creek

The Corporation of the City of Nelson

The Corporation of the City of New Westminster

The Corporation of the City of North Vancouver

The Corporation of the City of Penticton

The Corporation of the City of Port Coquitlam

The Corporation of the City of Vernon

The Corporation of the City of Victoria

The Corporation of the City of White Rock

The Corporation of the District of Central Saanich

The Corporation of the District of Coldstream

The Corporation of the District of North Cowichan

The Corporation of the District of North Vancouver

The Corporation of the District of Oak Bay

The Corporation of the District of Saanich

The Corporation of the District of Summerland

The Corporation of the District of West Vancouver

The Corporation of the Township of Langley

Town of Comox

Town of Sidney

Town of View Royal

Schedule 3

(section 7)

Certain Municipalities Neighbouring Large Municipalities

District of Highlands

District of Metchosin

The Corporation of the City of Duncan

The Corporation of the Village of Cumberland

The Corporation of the Village of Pouce Coupe

Town of Qualicum Beach

Village of Anmore

Village of Belcarra

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