Short-term Rental Accommodation (STRA)

The Short-Term Renal Accommodations Licensing By-law recommendation was presented at General Committee on Tuesday October 3.

Recommendation:

1. That the draft Short-Term Rental Accommodation (STRA) Licensing By-law, attached as Appendix “A” to Staff Report CS031-23, be approved.

2. That Appendix “B” to the Fees and Charges By-law be amended to include the updated annual Short-Term Rental Accommodation Licence fee and other related inspection fees, as shown in Appendix ”B” to Staff Report CS031-23.

3. That recruitment of a new full-time By-law Enforcement Officer position and associated onboarding costs, commencing in January 2024, be approved for inclusion in the Draft 2024 Municipal Budget and Business Plan.

4. That the procurement of Short-Term Rental Accommodation monitoring software, at an upset limit of $ 20,000, be approved for inclusion in the Draft 2024 Municipal Budget and Business Plan for January 2024 implementation.

The Municipal Accommodation Tax Feasibility recommendation was also presented.

Recommendation:

1. That a consultant be engaged to complete community and industry stakeholder consultation to inform the Town of Bracebridge in the creation of a Municipal Accommodation Tax by-law.

2. That the Mayor and Director of Corporate Services/Clerk be authorized to execute the documentation required to engage a consultant to complete community and industry stakeholder consultation.

3. That the cost of engaging a consultant to complete community and industry stakeholder consultation incurred in 2023 be managed within the Town’s existing 2023 budget allocation, and the remaining cost be included within the draft 2024 Municipal Budget and Business Plan.

4. That the Director of Finance/Treasurer and the Director of Planning and Development report back to General Committee with the findings of the consultation, a draft Municipal Accommodation Tax by-law and a proposed implementation plan.

The General Committee Meeting Agenda containing these can be found here.

The Town of Bracebridge Short Term Rentals Recommendation Report as prepared by WSP Canada Inc. was presented at General Committee on Tuesday, April 11.

Motion: That a new Short Term Rental Accommodation Licensing By-law be prepared to implement the recommendations contained in the Town of Bracebridge Short Term Rentals Recommendation Report as prepared by WSP Canada Inc. attached as Appendix “A” to Staff Report CAO003-23 and report back to General Committee including resource and financial considerations associated with the implementation of the new Short Term Rental Accommodating Licensing Bylaw.

That a Municipal Accommodation Tax feasibility study be completed and presented to General Committee.

The Town of Bracebridge Short Term Rentals Recommendation Report can be found in the document centre.

The Consultants have completed a background report based on policy context, public consultation and case studies.

The document can be found under Links on this page or by following this link.

On June 6, 2022, the Town of Bracebridge issued a Request for Proposal (RFP) for Consulting Services for the development of a Short-Term Rental Accommodation Program and Regulations. The Town selected WSP Canada to undertake this project.

The work requested is for the purpose of developing and recommending a land use approach that considers the licensing program, Official Plan policies, Comprehensive Zoning By-law regulations/amendments and an accommodation tax. The recommendations are to be based in in-depth research and public engagement.

The workplan includes engagement with several opportunities for the public to get involved. These opportunities will include both an in-person and a virtual public open houses, as well as a public meeting. We will provide opportunities for you to read project reports and recommendations and submit your comments and thoughts.

At the April 27, 2022 Meeting, Council chose not to implement an interim control by-law related to Short Term Rentals.

Below is a consolidated version of the Short Term Rentals (STR) decision of Council:

1. That Staff Report PD019-22 regarding the use of an Interim Control By-law and the implementation of a Registry with respect to the regulation of Short-Term Rentals be received for information purposes.
2. That a mandatory Registry be established for Short Term Rentals that will be utilized to collect data for future Official Plan and Zoning By-Law amendments and a Short Term Rental Licensing Program.
3. That staff develop a Request for Proposals (RFP) to engage a consultant to develop a Short Term Rental program by the end of 2022 to include, but not be limited to, Land Use and Licensing provisions.
4. That the Chief Administrative Officer, in consultation with the Director of Planning and Development and the Director of Corporate Services/Clerk be authorized to award the RFP to the highest scoring proponent(s) and execute such agreements necessary to facilitate the work.

It is expected the a By-law to establish the registry will be coming forward to the next General Committee Meeting of May 10, 2021. The Registry is essentially a Business Licensing by-law that will be utilized as a tool to register STRs.

Short Term Rental Operators are encouraged to continue to monitor this project site for updates.

At their meeting of April 19, 2022, Bracebridge’s General Committee directed staff to prepared an Interim Control By-law for consideration at the next Council meeting to be held on April 27, 2022. To view this meeting and details follow this link. The staff report and agenda from April 19, 2022 is found at this link under Item 7.1.

The Interim Control By-law would “freeze” the creation of any new Short Term Rentals throughout the community; and would take effect the day the by-law is passed by Town Council. Additionally, if passed by Council on April 27, 2022, the Town will establish a Registry of existing Short Term Rentals to support the review activities directed by Council. These initiatives have been approved to support the concerns raised to Council over these types of operations in the community.

Since November, 2021, Council has been reviewing options for regulation of Short Term Rentals. Details of the project are included on the Engage Bracebridge website at https://engagebracebridge.ca/short-term-rentals.

Short Term Rentals have been defined as follows:

“The use of a dwelling unit or mobile home or any part of the foregoing as a place of temporary human habitation, lodging or occupancy under authority of a concession, permit, lease, licence, rental agreement or similar commercial arrangement authorizing such temporary habitation, lodging or occupancy for a period equal to or less than twenty-eight (28) consecutive calendar days. For the purpose of this By-law the definition of “Short Term Rental Accommodation” does not include a Bed and Breakfast Establishment as defined in By-law 2016-088, as amended.”

This does not apply to motels, hotels, bed and breakfast establishments, hospitals, or similar commercial or institutional uses which are defined separately in the Town’s Zoning By-law.

An interim control by-law is a tool available to Ontario municipalities, in accordance with the Planning Act. It allows for an opportunity to place a temporary pause on development of certain lands while a municipality studies or reviews land-use policies.

It is expected that the by-law will be in effect for at least a year while town staff complete a study related to short-term rental accommodation uses within residential areas across the municipality. Based on the outcomes of the study, the Town is expected to establish Official Plan policies and Zoning regulations, as well as a comprehensive licensing program, for Short Term Rental accommodations. It should be noted that the municipality has the ability under this legislation to extend the “freeze” for an additional year if the study work is not completed.

From an investor perspective, the Town cannot confirm where the use would be permitted, nor specify any land use requirements that would allow the use until the Interim Control By-law is lifted with new zoning regulations put in place.

Specific questions related to land use can be directed to Cheryl Kelley, Director of Planning and Development

As the matter is scheduled for consideration at Council on Wednesday April 27, 2022, members of the public have a number of mechanisms available to provide feedback to Council in advance of their deliberations:

1. Communicate feedback directly with Members of Council via email or telephone. Contact information is available here: https://www.bracebridge.ca/en/town-services/Contact.aspx

2. Prepare communication (i.e. email, letter) and provide it directly to, Lori McDonald, Director of Corporate Services/Clerk lmcdonald@bracebridge.ca no later than noon on Tuesday April 26, 2022 which will be distributed via the Town’s weekly Council Correspondence circulation – please note this is a public document and is circulated to Council, the media, etc., and will include any personal information contained in the correspondence.

3. Request to delegate (speak) at the Council Meeting on April 27, 2022, which begins at 6:00 p.m. The meeting is being held both in-person (in the Council Chambers) and electronically. Requests for delegation must be received by Lori McDonald, Director of Corporate Services/Clerk lmcdonald@bracebridge.ca, no later than 3:30 p.m. on Monday April 25, 2022 in order to include you on the Council Agenda. Please provide your full legal name, address, email address, and phone number, together with the method under which you wish to delegate (in-person or via zoom). Delegates will be permitted a maximum of 10 minutes to make a verbal presentation to Council following which Council may ask questions of clarification. Groups representing 5 or more people will be permitted 15 minutes to speak. Additional instructions will be provided prior to the meeting.

At the Council meeting of April 6, 2022, the proposed recommendations contained on the March 30, 2022 Planning and Development Committee were referred back to the next Standing Committee Meeting. General Committee will reconsider these recommendations at the next meeting of General Committee on April 19th. The agenda for this meeting can be found by following this link.

On March 30, 2022, the Town's Planning and Development Committee will consider at Staff Report PD019-22, that responds to the direction from the Town 2022 Project PD12.

The Staff Report and Agenda can be found on this link.

On February 15, 2022, Council approved the following 2022 Business Plan item.

On December 15, 2021, Staff Report PD067-21 was provided that outlined the recommended approach to regulations in Bracebridge along with a work plan.

On December 22, 2021, Council ratified Motion 21-PD-124 as follows:

1. That Staff Report PD058-21 regarding municipal regulation of short-term rentals be received for information purposes.
2. That Staff in the Corporate Services Department and Planning and Development Department continue to monitor and gather information that may support a recommendation consistent with Option 6 of Staff Report PD058-21 for inclusion in a future Municipal Budget and Business Plan.
3. That recruitment of the new full-time permanent By-Law Enforcement Officer position, approved for inclusion in the draft 2022 Municipal Budget and Business Plan by motion 21-GC-264, commence immediately.