BILL NO. 320

(as passed)

1st Session, 64th General Assembly
Nova Scotia
2 Charles III, 2023

 

Government Bill

 

Tourist Accommodations Registration Act
(amended)

 

CHAPTER 22 OF THE ACTS OF 2023

 

The Honourable John Lohr
Minister of Municipal Affairs and Housing

 

First Reading: October 12, 2023 (LINK TO BILL AS INTRODUCED)

Second Reading: October 13, 2023

Third Reading: November 9, 2023

Royal Assent: November 9, 2023

An Act to Amend Chapter 9
of the Acts of 2019,
the Tourist Accommodations Registration Act

Be it enacted by the Governor and Assembly as follows:

1 The title of Chapter 9 of the Acts of 2019, the Tourist Accommodations Registration Act, is amended by striking out "Tourist Accommodations" in the second line and substituting "Short-term Rentals".

2 Section 1 of Chapter 9 is amended by striking out "Tourist Accommodations" in the first line and substituting "Short-term Rentals".

3 Section 2 of Chapter 9, as amended by Chapter 29 of the Acts of 2022, is further amended by

(a) striking out "travelling or vacationing" in the second line of clause (a);

(b) adding immediately after clause (a) the following clause:

(aa) "Minister" means the Minister of Municipal Affairs and Housing;

and

(c) striking out "period of 28 days or less" in the second and third lines of clause (e) and substituting "specified duration as prescribed by the regulations".

4 Chapter 9 is further amended by adding immediately after Section 3 the following Section:

3A (1) Subject to subsection (2), every host and platform operator shall pay an annual registration tax as prescribed by the regulations.

(2) The annual registration tax may be a different amount for different classes of hosts and, without limiting the generality of the foregoing, may vary based on any attribute, quality, characteristic or location of the class of host.

5 Chapter 9 is further amended by adding immediately after Section 4 the following Sections:

4A (1) The Minister may appoint persons or classes of persons as inspectors for the purpose of the enforcement of and ensuring compliance with this Act and the regulations.

(2) Inspectors have such powers, duties and responsibilities as are prescribed by the regulations.

4B (1) Subject to subsection (2), an inspector may, for the purpose of ensuring compliance with this Act and the regulations, enter in or upon any land or premises at any reasonable time without a warrant.

(2) An inspector shall not enter any room or place being used as a dwelling without the consent of the occupier unless the entry is made during daylight hours and written notice of the time of the entry has been given to the occupier at least 24 hours in advance.

(3) Where a person refuses to allow an inspector to exercise, or attempts to interfere or interferes with an inspector in the exercise of, a power under this Act or the regulations, the inspector may apply to a judge of the Provincial Court for an order to allow the inspector to enter a building or an order restraining the person from further interference.

4C (1) No person shall hinder or obstruct an inspector who is exercising powers or carrying out duties under this Act or the regulations.

(2) No person shall make a false or misleading statement in any communication, whether in writing or otherwise, to an inspector concerning any matter under this Act or the regulations.

6 Section 5 of Chapter 9 is amended by striking out "of not more than $1,000" in the second line and substituting "prescribed by the regulations".

7 Chapter 9 is further amended by adding immediately after Section 5 the following Sections:

5A (1) Where the Minister is satisfied on reasonable grounds that a person has contravened this Act or the regulations, the Minister may issue a written notice requiring the person to pay an administrative penalty in accordance with the regulations.

(2) The Minister may delegate, in writing, the authority to issue a notice under subsection (1) to a person or a class of persons.

5B A person served with a notice issued under subsection 5A(1) requiring the person to pay an administrative penalty may, within 30 days of receipt of the notice, appeal the requirement to pay the penalty in accordance with the regulations.

8 Subsection 6(1) of Chapter 9, as amended by Chapter 29 of the Acts of 2022, is further amended by

(a) adding immediately after clause (a) the following clause:

(aa) prescribing the specified duration for short-term rentals for the purpose of clause 2(e);

(b) striking out clause (e);

(c) adding immediately after clause (f) the following clauses:

(fa) prescribing the annual registration tax for platform operators;

(fb) prescribing the annual registration tax for hosts and classes of hosts;

(fc) respecting any matter necessary or advisable for the administration of the annual registration tax;

(fd) prescribing classes of hosts, platform operators and roofed accommodations;

(fe) respecting compliance with and enforcement of this Act;

(ff) prescribing the powers, duties and responsibilities of inspectors;

(fg) prescribing fines in respect of an offence under this Act;

and

(d) adding immediately after clause (g) the following clauses:

(ga) respecting how fines and additional penalties for non-compliance with this Act are to be imposed;

(gb) respecting the establishment and administration of a system of administrative penalties, including, without limiting the generality of the foregoing, regulations

(i) respecting the form and content of a notice of an administrative penalty,

(ii) respecting the amounts of administrative penalties,

(iii) respecting the service of a notice of an administrative penalty,

(iv) prescribing time frames for imposing an administrative penalty,

(v) respecting the payment of administrative penalties,

(vi) prescribing how an administrative penalty may be revoked, and

(vii) respecting the use to be made of any funds collected through the imposition of administrative penalties, including where such funds are to be deposited or held;

(gc) respecting appeals of administrative penalties, including, without limiting the generality of the foregoing,

(i) designating the person to whom an appeal of an administrative penalty may be made, and

(ii) respecting remedies available on an appeal of an administrative penalty;

(gd) defining any word or expression used but not defined in this Act;

(ge) further defining any word or expression defined in this Act;

9 Clause 2(1)(tb) of Chapter 23 of the Revised Statutes, 1989, the Assessment Act, as enacted by Chapter 9 of the Acts of 2019, is amended by striking out "Tourist Accommodations" in the second line and substituting "Short-term Rentals".

10 Clause 29A(1)(a) of Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter, as enacted by Chapter 50 of the Acts of 2022, is amended by striking out "Tourist Accommodations" in the fourth line and substituting "Short-term Rentals".

11 Clause 75A(1)(a) of Chapter 18 of the Acts of 1998, the Municipal Government Act, as enacted by Chapter 50 of the Acts of 2022, is amended by striking out "Tourist Accommodations" in the fourth line and substituting "Short-term Rentals".

12 Subclause 2(h)(iv) of Chapter 401 of the Revised Statutes, 1989, the Residential Tenancies Act, as amended by Chapter 72 of the Acts of 2010 and Chapter 36 of the Acts of 2021, is further amended by striking out "Tourist Accommodations" in the first and second lines and substituting "Short-term Rentals".

13 Clause 2(f) of Chapter 12 of the Acts of 2002, the Smoke-free Places Act, as amended by Chapter 9 of the Acts of 2019, is further amended by striking out "Tourist Accommodations" in the eight and ninth lines and substituting "Short-term Rentals".

14 Schedule B of Chapter 450 of the Revised Statutes, 1989, the Summary Proceedings Act, as enacted by Chapter 30 of the Acts of 2002 and amended by Chapter 4 of the Acts of 2004, Chapter 32 of the Acts of 2007, Chapter 9 of the Acts of 2010, Chapters 2, 44 and 45 of the Acts of 2011, Chapter 17 of the Acts of 2015, Chapters 3 and 4 of the Acts of 2016 and Chapters 3, 22 and 29 of the Acts of 2018, is further amended by adding "Short-term Rentals Registration Act" immediately after "Service Dog Act".

15 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

 

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