Short-term Rentals Registration Act

title amended 2023, c. 22, s. 1.

Short title

1 This Act may be cited as the Short-term Rentals Registration Act. 2019, c. 9, s. 1; 2023, c. 22, s. 2.

Interpretation

2 In this Act,

(a) "host" means a person who carries on the business of offering short-term rental of roofed accommodations to the public in the Province;

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

(b) "platform operator" means a person who facilitates or brokers reservations for the short-term rental of roofed accommodations via the Internet and who receives payment, compensation or any other financial benefit in connection with a person making or completing reservations of such short-term rentals;

(c) repealed 2022, c. 29, s. 1.

(d) "roofed accommodation" means

(i) every building, part of a building, group of buildings or place of accommodation that provides one or more residential units used mainly for the reception of the travelling or vacationing public,

(ii) cottages or cabins, or

(iii) any building or part of a building designated as a roofed accommodation by the regulations;

(e) "short-term rental" means the provision of roofed accommodations to a single party or group, for payment or compensation, for a specified duration as prescribed by the regulations. 2019, c. 9, s. 2; 2022, c. 29, s. 1; 2023, c. 22, s. 3.

Host and platform operator must register

3 (1) No person shall carry on the business of a host without first registering under this Act in the manner set out in the regulations.

(2) repealed 2022, c. 29, s. 2.

(3) No person shall carry on the business of a platform operator without first registering under this Act in the manner set out in the regulations. 2019, c. 9, s. 3; 2022, c. 29, s. 2.

Annual registration tax

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. 2023, c. 22, s. 4.

Platform operator must maintain records

4 (1) Every platform operator listing, advertising or facilitating the listing or advertising of short-term rentals of roof accommodations in the Province shall keep a record of each concluded transaction in relation to such short-term rentals listed or advertised on its platform for seven years following the last day of the rental period.

(2) Records required to be retained under subsection (1) must include

(a) the name, address and registration number, if applicable, of the host;

(b) the number of nights the roofed accommodations were rented;

(c) the nightly and total price charged for the rental; and

(d) any other information required by the regulations. 2019, c. 9, s. 4.

Minister may appoint inspectors

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. 2023, c. 22, s. 5.

Powers of inspector

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. 2023, c. 22, s. 5.

Obstructing inspector or false statement to inspector prohibited

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. 2023, c. 22, s. 5.

Offence

5 A person who contravenes this Act is guilty of an offence and liable on summary conviction to a fine prescribed by the regulations and such additional penalty as may be prescribed by the regulations. 2019, c. 9, s. 5; 2023, c. 22, s. 6.

Minister may issue administrative penalty

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. 2023, c. 22, s. 7.

Person may appeal administrative penalty

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. 2023, c. 22, s. 7.

Regulations

6 (1) The Governor in Council may make regulations

(a) designating a building or part of a building as a roofed accommodation;

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

(b) establishing a requirement to register under this Act, including defining any classes of persons required to register, terms of eligibility and any terms and conditions to be applied to applicants or registrants;

(ba) requiring compliance with applicable land-use by-laws as a condition of obtaining or maintaining registration under this Act;

(c) respecting applications for registrations of roofed accommodations, hosts and platform operators;

(d) respecting the collection, use and disclosure of any information collected or provided pursuant to this Act;

(e) repealed 2023, c. 22, s. 8.

(f) respecting the form of any registration system required pursuant to this Act;

(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;

(g) prescribing additional penalties for non-compliance with this Act;

(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;

(h) respecting any matter or thing the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is a regulation within the meaning of the Regulations Act. 2019, c. 9, s. 6; 2022, c. 29, s. 3; 2023, c. 22, s. 8.

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Smoke-free Places Act amended

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Tourist Accommodations Act repealed

11 Chapter 9 of the Acts of 1994-95, the Tourist Accommodations Act, is repealed. 2019, c. 9, s. 11.

Yarmouth Marketing and Promotion Levy Act amended

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Effective date

13 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. 2019, c. 9, s. 13.